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CONSTITUTIONS 

OF 

THE  GERMAN  EMPIRE  AND 
GERMAN  STATES 


EDITED  BY 

EDWIN  H.  ZEYDEL 


Gk  ^"r  V 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1919 


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CONTENTS. 

Page. 
THE  GEBMAN  EMPIRE : 

Historical  resume 5 

Constitution  of  April  16,  1871 8 

THE  GERMAN  STATES: 
Anhalt : 

'Patent  of  publication  of  the  Provincial  Law  of  1859 28 

^Provincial  Law  of  1859 28 

Election  Law  of  February  19,  1872 32 

Baden:    Constitution  of  August  22,  1818 35 

Bavaria : 

Constitutional  Act  of  May  26,  1818 51 

Law  of  June  4,  1848 71 

Constitution  Agreement  of  1843 72 

^Bremen:    Constitution  of  January  1.  1894 76 

Brunswick : 

New  Constitution  of  October  12,  1832 91 

Law  of  February  16,  1879 124 

NHamburg:    Constitution  of  October.  13,  1879 128 

Hesse-Darmstadt:    Constitution  of  December  17,  1820 145 

ALippe : 

Constitution  of  July  6,  1836 158 

Law  of  December  8,  1867 162 

Law  of  June  3,  1876 163 

NLiibeck:    Constitution  of  October  2,  1907 165 

Mecklenburg'-Schwerin — Mecklenburg-Strelitz 186 

X)ldenburg:    Constitution  of  November  22,  1852 189 

Prussia:    Constitution  of  January  31,  1850 '. 225 

Reuss,  Older  Line:    Constitution  of  March  28,  1867 238 

Reuse,  Young-er  Line:    Constitution  of  April  14,  1852 256 

"Saxony:    Constitutional  Law  of  iSeptember  4,  1831 272 

Saxe-AltenbuFg :    Constitution  of  April  29,  1831 -302 

Saxe-Coburg-Gotha :    Constitution  of  May  3,  1852 342 

Saxe-Meiningen :   Fundamental  Law  of  August  23,  1829 365 

Saxe-Weimar-Eisenach :    Fundamental  Law  of  October  15,  1850 384 

Schaumburg-Lippe :    Constitutional  Law  of  November  17,  1868 396 

Schwarzburg-Rudolstadt :    Constitution  of  March  21,  1854 411 

Schwarzburg-Sondershausen :    Constitution  of  July  8,  1857 419 

Waldeck: 

Constitution  of  August  17.  1852 429' 

Proclamation  regarding  Treaty  between  Prussia  and  Waldeck-Pyr- 

mont,  March  2,  1887 442 

Final  Protocol  to  Treaty,  March  2,  1887 444 

Wiirttemberg :    Constitution  of  September  25.  1819 447 

APPENDIX. 

Alsace-Lorraine : 

Law  resi)ecting  union  with  (ierman  Empire,  June  9,  1871 : 476 

Law  on  introduction  of  German  Constitution,  June  25,  1873 : 476 

Law  concerning  Constitution  of  Alsace-Lorraine,  July  4,  1879 478 

Law  of  Constitution  of  Alsace-Ix)rraine,  May  31,  1911 479 

Law  respecting  elections  to  Second  Chamber,  May  31,  1911 486 

Index 491 

412131 


THE  GERMAN  EMPIRE.^ 

AN  HISTORICAL  RESUME. 

In  1806  the  Holy  Roman  Empire  came  to  an  end.  By  the  peace 
of  Pressburg  Austria  lost  a  large  part  of  its  territory  and  recognized 
Bavaria,  Baden,  and  Wiirttemberg  as  independent  States.  By  their 
union  into  the  Confederation  of  the  Rhine  on  July  12,  1806,  the 
smaller  German  States  ceased  to  have  even  nominal  connection  with 
the  Empire  which  was  to  disappear  a  few  weeks  later.  The  Confed- 
eration of  the  Rhine  which  included  practically  all  of  the  German 
States  except  Austria  and  Prussia  ceased  to  exist  when  the  fortunes 
of  war  turned  against  the  French. 

After  the  fall  of  Napoleon  it  proved  impossible  to 'restore  the 
old  Empire,  but  the  equally  futile  and  powerless  German  Confedera- 
tion was  erected  in  its  place.  The  Confederation  act  of  June  8,  1815, 
was  amended  by  the  Vienna  final  act  of  May  15,  1820,  which  united 
the  States  for  the  repression  of  liberal  principles,  but  gave  to  the 
Confederation  no  additional  power  for  good. 

Until  the  revolution  of  1848  the  movement  for  German  unity 
was  confined  largely  to  liberal  theorists,  though  the  customs  union 
which  Prussia  had  formed  with  many  of  the  smaller  States  furnished 
an  example  of  the  material  benefits  to  be  gained  by  closer  union. 

The  revolution  of  1848  forced  the  Governments  to  act.  A  German 
National  Assembly  met  on  May  18,  1848,  and  after  a  long  and  to  a 
great  extent  fruitless  debate,  adopted  the  Imperial  Constitution  of 
March  28,  1849.  Frederick  William  IV  of  Prussia  was  chosen  Em- 
peror. But  by  this  time  the  liberal  movement  had  begun  to  lose 
force ;  Austria  had  gained  the  Adctory  over  the  revolutionary  forces 
within  its  borders,  and  was  resolved  to  oppose  any  scheme  which 
would  give  to  Prussia  the  leadership  of  a  united  Germany.  The 
King  of  Prussia  refused  the  proffered  crown,  and  all  hope  of  German 
unity  for  the  time  came  to  an  end.  The  attempt  of  Prussia  to  estab- 
lish a  league  of  States  also  failed  because  of  the  opposition  of  Aus- 
tria. The  German  Confederation  was  reestablished,  to  continue 
until  Austria  should  be  expelled  from  Germany  by  force  of  arms. 

*  This  short  historical  resume  and  the  following  translation  of  the  Constitution  of  the 
German  Empire  are  based  on  W,  F.  Dodd,  Modern  Constitutions,  Vol.  I,  Chicago  and 
London,  1909,  pp.  321-351.  The  translation  has  been  revised  and  brought  up  to  date 
by  a  comparison  with  Stoerk-Rauchhaupt,  Handbuch  der  Deutschen  Verfassungen, 
Miinchen  und  Leipzig,  1913. 


6  * '''     OoNSTiirj^'oN  of  the  geeman  empibe. 

A  ::;:::•;••.:::    :   ••  '*' 

The  SchleSw-ig-Hotsteintitfair  led  to  an  open  conflict  between  Prus- 
sia and  Austria  in  1866.  Upon  the  motion  of  Austria  the  Federal 
Diet  on  June  14,  1866,  decided  to  mobilize  the  forces  of  the  Empire 
against  Prussia;  that  State,  whichhad  protested  against  this  action, 
declared  the  Confederation  dissolved.  In  the  war  which  followed 
Austria  and  her  allies  among  the  small  States  were  signally  defeated, 
and  by  the  Peace  of  Prague  of  August  23,  1866,  Austria  gave  its 
"  consent  to  the  new  organization  of  Germany  without  the  partici- 
pation of  the  Austrian  Empire."  Hanover,  Electoral  Hesse,  Hol- 
stein,  Schleswig,  Nassau,  and  Frankfort  were  merged  into  the  Prus- 
sian territory. 

On  August  18,  1866,  the  small  States  of  North  Germany  entered 
into  a  treaty  accepting  the  conditions  proposed  by  Prussia  on  June 
10,  1866,  for  the  establishment  of  a  German  Confederation.  In  con- 
sequence of  this  agreement  an  elected  assembly  met  at  Berlin  on  Feb- 
ruary 24, 1867,  and  adopted  a  Constitution  of  the  North  German  Con- 
federation; this  Constitution  was  ratified  by  the  several  States  and 
went  into  effect  on  July  1,  1867. 

By  the  Treaty  of  Prague  the  relations  of  the  South  German  States 
to  the  new  Confederation  were  to  be  settled  by  future  negotiations. 
Bavaria,  Wiirttemberg,  Baden,  and  Hesse  entered  the  customs  union 
and  concluded  offensive  and  defensive  alliances  with  Prussia,  but 
held  back  from  any  closer  connection;  it  required  the  national  feel- 
ing aroused  by  the  war  with  France  to  complete  the  establishment 
of  the  German  Empire.  In  November,  1870,  the  four  South  German 
States  signed  treaties  giving  in  their  adhesion  to  the  Confederation ; 
on  December  10,  1870,  the  German  Confederation  became  the  Ger- 
man Empire ;  the  King  of  Prussia  assumed  the  imperial  title  at  Ver- 
sailles on  January  18,  1871. 

By  the  treaties  with  the  South  German  States  changes  had  been 
introduced  into  the  Constitution  of  the  North  German  Confedera- 
tion ;  the  Constitution  of  the  Empire  was  now  contained  in  four  docu- 
ments: (1)  The  Constitution  of  the  North  German  Confederation; 
(2)  the  treaty  of  November  15,  1870,  between  the  North  German 
Confederation,  Baden,  and  Hesse;  (3)  the  treaty  of  November  25, 
1870,  between  the  North  German  Confederation,  Baden,  and  Hesse 
on  the  one  side  and  Wiirttemberg  on  the  other;  (4)  the  treaty  of 
November  23,  1870,  concerning  the  adhesion  of  Bavaria  to  the  North 
German  Confederation.  The  Imperial  Constitution  of  April  16, 1871. 
was  practically  a  consolidation  of  the  permanent  provisions  of  these 
four  instruments. 

Since  1871  the  Constitution  has  been  amended  ten  times;  these 
amendments  are  indicated  in  their  proper  places  in  the  text  given 
below.  The  acquisition  of  Alsace-Lorraine  and  of  Heligoland  in- 
volved no  change  in  the  text  of  the  Constitution. 


CONSTITUTION   OF   THE   GERMAN  EMPIKE.  7 

In  the  text  of  the  Constitution  which  is  given  below  only  the  for- 
mal amendments  have  been  indicated.  By  means  of  addition  of 
territory,  interpretation  in  practice,  and  of  ordinary  legislation,  the 
Constitution  has  in  fact  undergone  many  other  changes  of  impor- 
tance. In  a  recent  article^  Prof.  Laband  calls  attention  to  the  fol- 
lowing alterations  which  have  taken  place  in  this  informal  manner : 

(1)  Article  1,  through  the  extension  of  the  Imperial  territory. 

(2)  Article  4,  through  the  extension  of  the  competence  of  the  Em- 
pire to  matters  which  are  not  mentioned  therein. 

(3)  Article  13,  through  the  practice  which  has  developed  of  hav- 
ing the  Bundesrat  sit  permanently. 

(4)  Article  17,  through  the  establishment  of  responsible  substitutes 
for  the  Imperial  Chancellor,  and  the  creation  of  the  office  of  Statt- 
halter  of  Alsace-Lorraine. 

(5)  Article  18,  paragraph  1,  through  the  creation,  by  the  law  of 
March  9,  1899,  of  a  separate  section  in  the  Imperial  military  court, 
whose  members  are  appointed  by  the  King  of  Bavaria. 

(6)  Article  20,  paragraph  2,  through  the  addition  of  deputies  from 
Alsace-Lorraine. 

(7)  Article  34,  through  the  admission  of  Hamburg  and  Bremen 
within  the  common  customs  frontier. 

(8)  Article  35,  through  the  introduction  of  new  consumption 
taxes,  and  through  the  entry  of  the  South  German  States  into  the 
general  system  of  taxation  of  brandy. 

(9)  Article  38,  paragraph  1,  throngh  the  assignment  to  the  States 
of  revenues  derived  from  the  tobacco  tax  and  from  the  consump- 
tion tax  on  brandy. 

(10)  Article  50,  paragraph  2,  by  section  50  of  the  law  of  October 
28,  1871,  regarding  the  postal  system. 

(11)  Article  54,  paragraph  4,  by  the  Imperial  law  of  April  5,  1886. 

(12)  Article  60,  by  the  Imperial  law  of  May  26, 1893. 

(13)  Article  74,  by  the  Criminal  Code. 

(14)  Article  75,  by  the  Gerichtsverfassungsgesetz  of  January  27, 
1877. 

Article  77  and  the  temporary  provisions  contained  in  articles  18, 
51,  56,  61,  and  71  have  also  ceased  to  be  in  force. 

^Die  geacMchtliche  Entwicklung  der  Beichaverfassung  aeit  der  Reichsgrilndung, 
Jabrbuch  des  offentlicben  Recbts,  Vol.  I. 


CONSTITUTION  OF  APRIL  16,  1871.^ 

His  Majesty  the  King  of  Prussia,  in  the  name  of  the  North  German 
Confederation,  His  Majesty  the  King  of  Bavaria,  His  Majesty  the 
King  of  Wiirttemberg,  His  Royal  Highness  the  Grand  Duke  of 
Baden,  and  His  Royal  Highness  the  Grand  Duke  of  Hesse  and  Rhen- 
ish Hesse  for  those  parts  of  the  Grand  Duchy  of  Hes^e  lying  south 
of  the  Main,  conclude  an  eternal  alliance  for  the  protection  of  the 
territory  of  the  Confederation,  and  of  the  rights  of  the  same  as  well 
as  for  the  promotion  of  the  welfare  of  the  German  people.  This  Con- 
federation shall  bear  the  name  of  the  German  Empire,  and  shall 
have  the  folloAving  Constitution : 

I.    FEDERAL  TERKITORY. 

Article  1.  The  territory  of  the  Confederation  shall  consist  of  the 
States  of  Prussia  with  Lauenburg,  Bavaria,  Saxony,  Wiirttemberg. 
Baden,  Hesse,  Mecklenburg-Schwerin,  Saxe- Weimar,  Mecklenburg- 
Strelitz,  Oldenburg,  Brunswick,  Saxe-Meiningen,  Saxe-Alt^nburg. 
Saxe-Coburg-Gotha,  Anhalt,  Schwarzburg-Rudolstadt,  Sbhw\arzburg- 
Sondershausen,  Waldeck.  Reuss,  older  line,  Reuss,  younger  line, 
Schaumburg-Lippe,  Lippe,  Liibeck,  Bremen,  and  Hamburg. 

\ 

II.  LEGISLATION  OF  THE  EMPIRE. 

Art.  2.  Within  this  Federal  territory-  the  Empire  shall  exercise  the 
right  of  legislation  in  accordance  wdth  the  jDrovisions  of  this  Consti- 
tution ;  and  the  laws  of  ttie  Empire  shall  take  precedence  of  the  laws 
of  the  States.  The  laws  of  the  Empire  shall  receive  their  binding 
force  by  Imperial  promulgation,  through  the  medium  of  an  Imperial 
gazette.  If  no  other  time  is  designated  for  the  published  law  to  take 
effect,  it  shall  become  effective  on  the  fourteenth  day  after  its  publi- 
cation in  the  Imperial  gazette  at  Berlin. 

Art.  3.  There  shall  be  a  common  citizenship  for  all  Germany,  and 
the  members  (subjects  or  citizens)  of  each  State  of  the  Confederation 
shall  be  treated  in  every  other  State  as  natives,  and  shall  accordingly 
have  the  right  of  becoming  permanent  residents ;  of  carrying  on  busi- 
ness; of  filling  public  offices;  of  acquiring  real  estate;  of  obtaining 
citizenship,  and  of  enjoying  all  other  civil  rights  under  the  same  con- 

1  In  the  preparation  of  this  text  use  has  l)€en  made  of  the  translation  in  Howard's 
German  Empire,  and  of  that  issued  by  Prof.  E.  J.  James  (2d  ed.,  Philadelphia,  1899). 
It  has  been  revised  by  a  comparison  with  Stoerlf-Rauchhaupt,  pp.  8-25.  Cf.  note  on  p.  r». 
supra.  -  -J, 


CONSTITUTION   OF   THE   GERMAN   EMPIRE.  9 

ditions  as  those  born  in  the  State,  and  shall  also  have  the  same  treat- 
ment as  regards  judicial  remedies  and  the  protection  of  the  laws. 

No  German  shall  be  limited  in  the  exercise  of  these  rights  by  the 
authorities  of  his  native  State,  or  by  the  authorities  of  any  other 
State  of  the  Confederation. 

The  regulations  governing  the  care  of  paupers  and  their  admission 
into  the  various  local  unions,  shall  not,  however,  be  affected  by  the 
principle  enunciated  in  the  first  paragraph. 

In  like  manner,  until  further  action,  those  treaties  shall  remain  in 
force  which  have  been  concluded  between  the  several  States  of  the 
(Confederation  in  relation  to  the  taking  over  of  persons  liable  to  be 
deported,  the  care  of  sick  and  the  burial  of  deceased  citizens. 

With. respect  to  the  performance  of  military  service  in  the  several 
States,  the  necessary  laws  will  be  passed  by  the  Empire. 

As  against  foreign  countries  all  Germans  shall  have  an  equal  claim 
upon  the  protection  of  the  Empire. 

Art.  4.  The  following  matters  shall  be  under  the  supervision  of 
the  Empire  and  subject  to  Imperial  legislation : 

(1)  Regulations  with  respect  to  the  freedom  of  migration;  matters 
of  domicile  and  settlement;  citizenship;  passports;  surveillance  of 
foreigners ;  trade  and  industry,  including  insurance ;  so  far  as  these 
matters  are  not  already  provided  for  by  article  3  of  this  Constitution, 
in  Bavaria,  however,  exclusive  of  matters  relating  to  domicile  and 
settlement;  and  likewise  matters  relating  to  colonization  and  emigra- 
tion to  foreign  countries; 

(2)  Legislation  concerning  customs  duties,  commerce,  and  such 
taxes  as  are  to  be  applied  to  the  uses  of  the  Empire; 

(3)  Regulation  of  weights  and  measures;  of  the  coinage;  and  the 
•establishment  of  the  principles  for  the  issue  of  funded  and  unfunded 
paper  mone}^; 

(4)  General  banking  regulations; 

(5)  Patents  for  inventions; 

(6)  The  protection  of  intellectual  property; 

(7)  The  organization  of  a  general  system  of  protection  for  Ger- 
man trade  in  foreign  countries,  of  German  navigation,  and  of  the 
German  flag  on  the  high  seas;  and  the  establishment  of  a  common 
•consular  representation,  which  shall  be  maintained  by  the  Empire: 

(8)  Railway  matters,  subject  in  Bavaria  to  the  provisions  of 
article  46 ;  and  the  construction  of  land  and  waterways  for  the  pur- 
poses of  public  defense,  and  of  general  commerce;. 

(9)  Rafting  and  navigation  upon  waterways  which  are  common  to 
several  States,  the  condition  of  such  waterways,  river  and  other 
Avater  dues  [and  also  the  signals  of  maritime  navigation  (beacons, 
buoys,  lights,  and  other  signals)  ]  ;  ^ 

'  The  last  clause  of  this  section  was  added  by  law  of  March  3,  1873. 


10  CONSTITUTION   OF  THE   GERMAN  EMPIRE. 

(10). Postal  and  telegraph  affairs;  in  Bavaria  and  Wiirttemberg, 
however^  only  in  accordance  with  the  provisions  of  article  52 ; 

(11)  Regulations  concerning  the  reciprocal  execution  of  judicial 
sentences  in  civil  matters,  and  the  fulfilment  of  requisitions  in 
general ; 

(12)  The  authentication  of  public  documents; 

(13)  General  legislation  as  to  the  whole  domain  of  civil  and  crim- 
inal law.  and  judicial  procedure;^ 

(14)  The  Imperial  military  and  naval  affairs; 

(15)  Police  regulation  of  medical  and  veterinary  matters; 

(16)  Laws  relating  to  the  press,  and  to  the  right  of  association. 
Art.  5.  The  legislative  power  of  the  Empire  shall  be  exercised  by 

the  Bundesrat  and  the  Reichstag.     A  majority  of  the  votes  of  both 
bodies  shall  be  necessary  and  sufficient  for  the  passnge  of  a  law. 

With  respect  to  laws  concerning  the  army,  or  navy,  or  the  taxes 
specified  in  article  35,  the  vote  of  the  pra^sidium  -  shall  decide  in 
ease  of  a  difference  of  opinion  in  the  Bundesrat,  if  such  vote  be  in 
favor  of  the  maintenance  of  existing  arrangements. 

III.  THE  BUNDESRAT. 

Art.  6.  The  Bundesrat  shall  consist  of  representatives  of  the  mem- 
bers of.  the  Confederation,  among  which  the  votes  shall  be  divided 
in  such  manner  that  Prussia  with  the  foriner  votes  of  Hanover. 
Electoral  Hesse,  Holstein,  Nassau,  and  Frankfort  shall  have  17 
votes;  Bavaria,  6;  Saxony,  4;  Wiirttemberg,  4;  Baden,  3;  Hesse,  3; 
Mecklenburg-Schwerin,  2;  Saxe-Weimar,  1;  Mecklenburg- St relitz, 
1;  Oldenburg,  1;  Brunswick,  2;  Saxe-Meiningen,  1;  Saxe-Altenburg, 
1;  Saxe-Coburg-Gotha,  1;  Anhalt,  1;  Schwarzburg-Rudolstadt,  1; 
Schwarzburg-Sondershausen,  1 ;-  Waldeck,  1 ;  Reuss,  older  line,  1 ; 
Reuss,  younger  line,  1 ;  Schaumburg-Lippe,  1 ;  Lippe,  1 ;  Liibeck,  1 ; 
Bremen,  1 ;  Hamburg,  1 ;  total,  58  votes. 

Each  member  of  the  Confederation  may  appoint  as  many  delegates 
to  the  Bundesrat  as  it  has  votes,  but  the  votes  of  each  State  shall  be 
cast  only  as  a  unit. 

Art.  6a.^  Alsace-Lorraine  shall  carry  3  votes  in  the  Bundesrat 
so  long  as  the  provisions  of  article  2,  sections  1  and  2,  paragraphs 
1  and  3,  of  the  law  concerning  the  Constitution  of  Alsace-Lorraine 
of  May  31,  1911,  remain  in  force. 

The  votes  of  Alsace-Lorraine  shall  not  be  counted  if  the  addition 
of  these  votes  alone  would  give  the  majority  to  the  presidential  vote 
or  would  give  it  the  casting  vote  as  contemplated  in  article  7,  para- 

1  As  amended  December  20,  1873.  The  original  text  read  :  "  General  legislation  concern- 
ing the  law  of  obligations,  criminal  law,  commercial  law  and  commercial  paper,  and 
Judicial  procedure." 

*  I.  e.,  Prussia. 

•  Article  6a  was  inserted  by  law  of  May  31,  1911  ;  cf.  Stoerk-Rauchhaupt,  pp.  10  and  11. 


CONSTITUTION   OF   THE   GERMAN  EMPIEE.  11 

graph  3.  sentence  3.  The  same  proviso  shall  hold  good  in  voting 
upon  resolutions  making  alterations  in  the  Constitution. 

Alsace-Lorraine  is  to  be  understood  to  be  a  Federal  State  in  the 
sense  of  article  6,  section  2,  and  of  articles  7  and  8.- 

Art.  7.  The  Bundesrat  shall  take  action  upon : 

(1)  The  measures  to  be  proposed  to  the  Reichstag,  and  the  reso- 
lutions passed  by  the  same ; 

(2)  The  general  administrative  provisions  and  arrangements  nec- 
essary for  the  execution  of  the  Imperial  laws,  so  far  as  no  other  pro- 
vision is  made  b}'  law ; 

(3)  The  defects  which  may  be  discovered  in  the  execution  of  the 
Imperial  laws,  or  of  the  provisions  and  arrangements  heretofore 
mentioned. 

Each  member  of  the  Confederation  shall  have  the  right  to  make 
propositions  and  introduce  motions,  and  it.  shall  be  the  duty  of  the 
prsesidium  to  submit  them  for  deliberation. 

Decision  shall  be  reached  by  simple  majority,  with  the  exceptions 
provided  for  by  articles  5,  37,  and  78.  Votes  not  represented  or  not 
instructed  shall  not  be  counted.  In  the  case  of  a  tie,  the  vote  of 
the  prsesidium  shall  decide. 

When  legislative  action  is  taken  upon  a  subject  which,  according 
to  thp  provisions  of  this  Constitution,  does  not  concern  the  whole 
Empire,  only  the  votes  of  those  States  of  the  Confederation  inter- 
ested in  the  matter  in  question  shall  be  counted. 

Art.  8.1  The  Bundesrat  shall  appoint  from  its  own  members  per- 
manent committees : 

(1)  On  the  army  and  the  fortifications; 

(2)  On  marine  affairs; 

(3)  On  customs  duties  and  taxes; 

(4)  On  commerce  and  trade; 

(5)  On  railroads,  posts,  and  telegraphs; 

(6)  On  judicial  affairs; 

(7)  On  accounts. 

In  each  of  these  committees  there  shall  be  representatives  of  at 
least  four  States  of  the  Confederation,  besides  the  praesidium,  and 
each  State  shall  be  entitled  to  only  one  vote  therein.  In  the  com- 
mittee on  the  army  and  fortifications  Bavaria  shall  have  a  perma- 
nent seat;  the  remaining  members  of  this  committee,  as  well  as  the 
members  of  the  committee  on  marine  affairs,  shall  be  appointed  by 
the  Emperor;  the  members  of  the  other  committees  shall  be  elected 
by  the  Bundesrat.  These  committees  shall  be  newly  formed  at  each 
session  of  the  Bundesrat,  i.  e.,  each  year,  and  the  retiring  members 
shall  be  eligible  for  reelectioni. 

*  Decisions  of  the  Bundesrat  have  added  hereto  :  committees  for  Alsace-Lorraine,  for 
the  Constitution,  for  the  order  of  businesK,  for  railroad  freight  tariffs. 


12  CONSTITUTION   OF   THE  GERMAN   EMPIRE. 

A  committee  on  foreign  affairs,  over  which  Bavaria  shall  preside, 
shall  also  be  appointed  in  the  Bundesrat;  it  shall  be  composed  of 
the  plenipotentiaries  of  the  Kingdoms  of  Bavaria,  Saxony,  and 
Wiirttemberg,  and  of  two  plenipotentiaries  of  other  States  of  the 
Empire,  who  shall  be  elected  annually  by  the  Bundesrat. 

The  employees  nec^sary  for  the  conduct  of  their  work  shall  be 
placed  at  the  disposal  of  the  committees. 

Art.  9.  Each  member  of  the  Bundesrat  shall  have  the  right  to 
appear  in  the  Reichstag,  and  must  be  heard  there  at  any  time  he 
shall  so  request,  in. order  to  represent  the  Adews  of  his  Government, 
even  when  such  views  shall  not  have  been  adopted  by  the  majority 
of  the  Bundesrat.  No  one  shall  at  the  same  time  be  a  member  of 
the  Bundesrat  and  of  the  Reichstag. 

Art.  10.  The  Emperor  shall  afford  the  customary  diplomatic  pro- 
tection to  the  members  of  the  Bundesrat. 

IV.   THE  PRESIDENCY. 

Art.  11.  To  the  King  of  Prussia  shall  belong  the  presidency  of 
the  Confederation,  and  he  shall  have  the  title  of  German  Emperor. 
It  shall  be  the  duty  of  the  Emperor  to  represent  the  Empire  among 
nations,  to  declare  war  and  to  conclude  peace  in  the  name  of  the 
Empire,  to  enter  into  alliances  and  other  treaties  with  foreign  coun- 
tries, to  accredit  ambassadors  and  to  receive  them. 

For  a  declaration  of  war  in  the  name  of  the  Empire,  the  consent 
of  the  Bundesrat  is  required,  unless  an  attack  is  made  upon  the  Fed- 
eral territory  or  its  coasts. 

So  far  as  treaties  with  foreign  countries  relate  to  matters  which, 
according  to  article  4,  are  to  be  regulated  by  Imperial  legislation,  the 
consent  of  the  Bundesrat  shall  be  required  for  their  conclusion,  and 
the  approval  of  the  Reichstag  shall  be  necessary  to  render  them  valid. 

Art.  12.  The  Emperor  shall  have  the  right  to  convene  the  Bundes- 
rat and  the  Reichstag,  and  to  open,  adjourn,  and  close  them. 

Art.  13.  The  Bundesrat  and  the  Reichstag  shall  be  convened  an- 
nually, and  the  Bundesrat  may  be  called  together  for  the  preparation 
of  business  without  the  Reichstag ;  the  latter,  however,  shall  not  be 
convened  without  the  Bundesrat. 

Art.  14.  The  Bundesrat  shall  be  convened  whenever  a  meeting  is 
demanded  by  one-third  of  the  total  number  of  votes. 

Art.  15.  The  Imperial  Chancellor,  to  be  appointed  by  the  Emperor, 
shall  preside  in  the  Bundesrat,  and  supervise  the  conduct  of  its 
business. 

The  Imperial  Chancellor  shall  have  the  right  to  delegate  the  power 
to  represent  him  to  any  other  member  of  the  Bundesrat ;  this  delega- 
tion shall  be  made  in  writing. 


CONSTTTUnON   OF   THE   GERMAN  EMHBE.  13 

Art.  16.  The  necessary  bills  shall  be  laid  before  the  Reichstag  in 
the  name  of  the  Emperor,  in  accordance  with  the  resolutions  of  the 
Bundesrat,  and  shall  be  advocated  in  the  Reichstag  by  members  of 
the  Bundesrat,  or  by  special  commissioners  appointed  by  the  latter. 

Art.  17.  It  shall  be  the  duty  of  the  Emperor  to  prepare  and  pub- 
lish the  laws  of  the  Empire,  and  to  supervise  their  execution.  The 
decrees  and  ordinances  of  the  Emperor  shall  be  issued  in  the  name  of 
the  Empire,  and  shall  require  for  their  validity  the  counter-signature 
of  the  Imperial  Chancellor,  who  thereby  assumes  the  responsibility 
for  them. 

Art.  18.  The  Emperor  shall  appoint  Imperial  officials,  cause  them 
to  take  the  oath  to  the  Empire,  and  dismiss  them  when  necessary. 

Officials  of  any  one  of  the  States  of  the  Confederation,  who  shall 
be  appointed  to  any  Imperial  office,  shall  enjoy,  with  reference  to  the 
Empire,  the  same  rights  as  those  to  which  they  are  entitled  in  their 
native  State  by  virtue  of  their  official  position,  provided  that  no  other 
legislative  provision  shall  have  been  made  previous  to  their  entrance 
into  the  service  of  the  Empire. 

Art.  19.  If  the  States  of  the  Confederation  do  not  fulfill  their  con- 
stitutional duties,  they  may  be  compelled  to  do  so  by  execution.  This 
execution  shall  be  decided  upon  by  the  Bundesrat,  and  carried  out  by 
the  Emperor. 

V.  THE  REICHSTAG. 

Art.  20.  The  members  of  the  Reichstag  shall  be  chosen  in  a  gen- 
eral direct  election  and  by  secret  ballot. 

Until  regulation  by  law,  the  power  to  make  such  regulation  being 
reserved  by  section  5  of  the  Election  Law  of  May  31,  1869,  48  depu- 
ties shall  be  elected  in  Bavaria,  17  in  Wurttemberg,  14  in  Baden,  6  in 
Hesse  south  of  the  River  Main,  and  the  total  number  shall  conse- 
quently be  382.1 

Art.  21.  Government  officials  shall  not  require  leave  of  absence  in 
order  to  enter  the  Reichstag. 

When  a  member  of  the  Reichstag  accepts  a  salaried  office  of  the 
Empire,  or  a  salaried  office  in  one  of  the  States  of  the  Confederation, 
or  accepts  any  office  of  the  Empire  or  of  a  State  involving  higher 
rank  or  salary,  he  shall  forfeit  his  seat  and  vote  in  the  Reichstag,  but 
may  recover  his  place  in  the  same  by  a  new  election. 

Art.  22.  The  proceedings  of 'the  Reichstag  shall  be  public. 

No  one  shall  be  held  responsible  for  truthful  reports  of  the  pro- 
ceedings of  the  public  sessions  of  the  Reichstag. 

*  Including,  that  is  to  say,  those  deputies  returned  by  the  States  of  the  North  German 
Confederation.  By  law  of  June  25,  1873,  15  additional  members  are  elected  from  Alsace- 
Lorraine.  With  certain  minor  exceptions  every  male  German  of  the  age  of  25  years  may 
vote  for  members  of  and  may  be  elected  to  the  Reichstag. 


14  CONSTITUTION   OF   THE   GERMAN  EMPIRE. 

Art.  23.  The  Reichstag  shall  have  the  right  to  propose  laws  with- 
in the  competence  of  the  Empire,  and  to  refer  petitions,  addressed 
to  it,  to  the  Bundesrat  or  the  Chancellor  of  the  Empire. 

Art.  24.  The  Reichstag  shall  be  elected  for  five  years.^  It  may 
be  dissolved  during  that  time  by  a  resolution  of  the  Bundesrat,  with 
the  consent  of  the  Emperor. 

Art.  25.  In  case  of  a  dissolution  of  the  Reichstag,  ne^v  elections 
shall  take  place  within  a  period  of  60  days,  and  the  Reichstag  shall 
be  called  together  within  a  period  of  90  days  after  its  dissolution. 

Art.  26.  Without  the  consent  of  the  Reichstag,  an  adjournment 
of  that  body  shall  not  exceed  the  period  of  30  days,  and  shall  not 
be  repeated  during  the  same  session. 

Art.  27.  The  Reichstag  shall  examine  into  the  legality  of  the  elec- 
tion of  its  members  and  decide  thereon.  It  shall  regulate  its  own 
procedure,  and  its  own  discipline,  through  its  order  of  business,  and 
elect  its  president,  vice-presidents,  and  secretaries. 

Art.  28.  The  Reichstag  shall  take  action  by  absolute  majority. 
To  render  any  action  valid,  the  presence  of  a  majority  of  the  statu- 
tory number  of  members  is  required. - 

Art.  29.  The  members  of  the  Reichstag  are  the  representatives  of 
the  people  as  a  whole,  and  shall  not  be  bound  by  orders  or  instruc- 
tions. 

Art.  30.  No  member  of  the  Reichstag  shall  at  any  time  suffer  legal 
or  disciplinary  prosecution  on  account  of  his  vote,  or  on  account  of 
utterances  made  w^hile  in  the  performance  of  his  functions,  or  be  held 
responsible  in  any  other  way  outside  of  the  Reichstag. 

Art.  31.  Without  the  consent  of  the  Reichstag,  no  one  of  its  mem- 
bers shall  be  tried  or  arrested  during  the  session  for  any  penal  offense, 
unless  he  be  taken  in  the  commission  of  the  offense,  or  during  the 
course  of  the  following  day. 

Like  consent  shall  be  required  in  tlie  case  of  arrest  for  debt. 

At  the  request  of  the  Reichstag  all  criminal  proceedings  instituted 
against  one  of  its  members,  and  any  detentions  for  judicial  inquiry 
or  in  civil  cases,  shall  be  suspended  during  its  session. 

Art.  32.  The  members  of  the  Reichstag  as  such  shall  receive  no 
salaries.  They  shall  receive  an  indemnification  in  accordance  with 
the  provisions  of  law.^ 

lArtlclo  24  amended  from  3  to  5  years,  March  19,  1888. 

*The  second  paragraph  of  this  article  was  repealed  by  law  of  February  24,  1873.  It 
road  as  follows  :  "  For  the  decision  of  matters  which,  according  to  this  Constitution,  do 
not  concern  the  entire  Empire,  only  such  members  shall  vote  as  are  eloctetl  from  States 
whose  interests  are  affected  by  the  proposition." 

»  As  altered  May  21,  1906.  Article  32,  as  originally  worded,  forbade  any  compensation 
to  members  of  the  Reichstag.  A  law  of  May  21,  1900,  provides  that  members  of  the 
Reichstag  shall  receive:  (1)  Free  transportation  on  the  German  railways  during  the 
sessions  of  the  Reichstag  and  for  8  days  before  the  begimUng  of  and  S  days  after  the 
close  of  each  session  ;  and   (2)   a  yearly  remuneration  of  .^.000  marks. 


CONSTITUTION    OF    THE   GERMAN   EMPIRE.  15 

VI.    CUSTOMS  AND  COMMERCE. 

Art.  33.  (iermany  shall  form  one  customs  and  commercial  terri- 
tory, having  a  common  frontier  for  the  collection  of  duties.  Such 
parts  of  the  territory  as  can  not,  by  reason  of  their  situation,  be  suit- 
ably embraced  within  the  customs  frontier,  shall  be  excluded. 

All  articles  which  are  the  subject  of  free  traffic  in  one  State  of  the 
Empire  may  be  brought  into  any  other  State,  and  in  the  latter  shall 
be  subject  only  to  such  internal  taxes  as  are  imposed  upon  similar 
domestic  productions. 

Art.  34.  The  Hanse  cities,  Bremen  and  Hamburg,  together  with 
a  part  of  their  own  or  of  the  surrounding  territory  suitable  for  such 
purpose,  shall  remain  free  ports  outside  of  the  common  customs 
frontier,  until  they  request  admission  within  such  frontier. 

Art.  35.  The  Empire  shall  have  the  exclusive  power  to  legislate 
concerning  everything  relating  to  the  customs;  concerning  the  taxa- 
tion of  salt  and  tobacco  produced  in  the  Federal  territory,  and  of 
domestic  brandy  and  beer,  and  of  sugar  and  sirup  prepaied  from 
beets  or  otlier  domestic  products;  concerning  the  mutual  j^rotection 
jigainst  fraud  with  reference  to  all  taxes  upon  articles  of  consump- 
tion levied  in  the  several  States  of  the  Empire;  as  well  as  concerning 
the  measures  which  may  be  required  in  the  territory,  outside  the 
customs  boundaries,  for*  the  security  of  the  common  customs  frontier. 

In  Bavaria,  Wiirttemberg,  and  Baden,  the  matter  of  taxing  domes- 
tic brandy  and  beer  is  reserved  to  the  legislation  of  the  States.  The 
States  of  the  Confederation  shall,  however,  endeavor  to  bring  about 
uniform  legislation  regarding  the  taxation  of  these  aFticles  also. 

Art.  36.  The  administration  and  collection  of  customs  duties  and 
of  the  taxes  on  articles  of  consumption  (article  35)  shall  be  left  to 
each  State  of  the  Confederation  within  its  own  territory,  so  far  as 
these  functions  have  heretofore  been  exercised  by  each  State. 

The  Emperor  shall  superintend  the  observance  of  legal  methods 
by  me{?ns  of  Imperial  officers  vrhom  he  shall  appoint,  after  consulting 
the  committee  of  the  Bundesrat  on  customs  duties  and  taxes,  to  act 
in  cooperation  with  the  customs  or  tax  officials  and  with  the  directive 
boards  of  the  several  States. 

Reports  made  by  these  officers  concerning  defects  in  the  adminis- 
tration of  the  joint  legislation  (article  35)  shall  be  submitted  to  the 
Bundesrat  for  action. 

Art.  37.  In  taking  action  upon  the  rules  and  regulations  for  the 
execution  of  the  joint  legislation  (article  35),  the  vote  of  the  praesi- 
dium  shall  decide  when  it  is  cast  in  favor  of  maintaining  the  existing 
rule  or  regulation. 


16  CONSTITUTION   OF   THE   GERMAN   EMPIBE. 

Art.  38.  The  revenues  from  customs  and  from  the  other  taxe& 
designated  in  article  35,  so  far  as  the  latter  are  subject  to  Imperial 
legislation,  shall  go  to  the  treasury  of  the  Empire. 

Such  revenues  shall  consist  of  the  total  receipts  from  the  customs 
and  excise  taxes,  after  deducting  therefrom : 

(1)  Tax  rebates  and  reductions  in  conformity  with  existing  laws 

or  general  administrative  regulations ; 

(2)  Reimbursements  for  taxes  improperly  collected; 

(3)  The  costs  of  collection  and  of  administration,  viz: 

(a)  In  case  of  the  customs,  the  costs  which  are  required 

for  the  protection  and  collection  of  customs  on  the 
frontiers  and  in  the  frontier  districts; 

(b)  For  the  salt  tax,  the  costs  which  are  incurred  for  the 

salaries  of  the  officers  charged  with  the  collection  and 
control  of  this  tax  at  the  salt  works; 

(c)  For  the  taxes  on  beet  sugar  and  on  tobacco,  the  com- 

pensation which  is  to  be  allowed,  according  to  the 
existing  rules  of  the  Bundesrat,  to  the  several  State 
Governments  for  the  cost  of  administering  these  taxes ; 

(d)  Fifteen  per  cent  of  the  total  receipts  from  other  taxes. 
The  territories  situated  outside  of  the  common  customs  frontier 

shall  contribute  to  the  expenses  of  the  Empire  by  payment  of  a  lump 
sum. 

Bavaria,  Wiirttemberg,  and  Baden  shall  not  share  in  the  revenues 
which  go  into  the  treasury  of  the  Empire,  from  duties  on  brandy 
and  beer,  nor  in  the  corresponding  portion  of  the  aforesaid  payments^ 
in  lump  sum. 

The  provision  of  article  38,  paragraph  2,  number  3  (d)  of  the 
Imperial  Constitution  is  repealed,  in  so  far  as  it  relates  to  the  tax 
on  breweries.  The  compensation  to  be  allowed  to  the  States  for  the 
expense  of  collecting  and  administering  the  tax  on  breweries  shall 
be  fixed  by  the  Bundesrat.^ 

Art.  39.  The  quarterly  summaries  made  by  the  revenue  officers 
of  the  Federal  States  at  the  end  of  each  quarter,  and  the  final  state- 
ment, made  at  the  end  of  the  year,  after  the  closing  of  the  accounts, 
of  the  receipts  which  have  become  due  in  the  course  of  the  quarter, 
or  during  the  fiscal  year,  from  customs  and  from  taxes  on  consump- 
tion which,  according  to  article  38,  belong  to  the  treasury  of  the 
Empire,  shall  be  arranged  by  the  administrative  officers  of  the  vari- 
ous States,  after  a  preliminary  audit,  into  general  summaries,  in 
which  each  tax  shall  be  separately  entered.  These  summaries  shall 
be  transmitted  to  the  Committee  of  Accounts  of  the  Bundesrat. 

The  latter,  upon  the  basis  of  these  summaries,  shall  fix  provision- 
ally every  three  months  the  amounts  due  to  the  Imperial  treasury 

*  The  last  paragraph  of  article  38  was  added  by  amendment  of  June  3,  1906. 


CONSTITUTION   OF   THE   GERMAN   EMPIRE.  17 

from  the  treasury  of  each  State,  and  it  shall  inform  the  Bundesrat 
and  the  States  of  the  amounts  so  fixed ;  furthermore,  it  shall  submit 
to  the  Bundesrat  annually  the  final  statement  of  these  amounts  with 
its  remarks.  The  Bundesrat  shall  take  action  upon  the  determination 
of  such  amounts. 

Art.  40.  The  terms  of  the  Customs  Union  Treaty  of  July  8,  1867, 
shall  remain  in  force,  so  far  as  they  have  not  been  altered  by  the 
provisions  of  this  Constitution,  and  so  long  as  they  are  not  altered 
in  the  manner  designated  in  articles  7  or  78. 

VII.   RAILWAYS. 

Art.  41.  Railways,  which  are  considered  necessary  for  the  defense 
of  Germany,  or  in  the  interest  of  general  commerce,  may,  by  force 
of  Imperial  law,  be  constructed  at  the  expense  of  the  Empire,  even 
against  the  opposition  of  the  members  of  the  Union  through  whose 
territory  the  railroads-  run,  without  prejudice,  however,  to  the  sov- 
ereign rights  of  the  States;  or  private  persons  may  be  ^nted  the, 
right  to  construct  railways,  and  receive  the  right. of  eminent  domain. 

Every  existing  railway  is  bound  to  permit  new  railroad  lines  to  be 
connected  with  it,  at  the  expense  of  the  said  new  lines. 

All  laws  which-  grant  existing  railway  undertakings  the  right  to 
prevent  the  building  of  parallel  or  competitive  lines  are  hereby  re- 
pealed throughout  the  Empire,  without  prejudice  to  rights  already 
acquired.  Such  rights  of  prevention  shall  not  be  granted  in  future 
concessions. 

Art.  42.  The  Governments  of  the  Federal  States  bind  themselves, 
in  the  interest  of  general  commerce,  to  manage  the  German  railways 
as  one  system,  and  for  this  purpose  to  have  all  new  lines  constructed 
and  equipped  according  to  a  uniform  plan. 

Art.  43.  Accordingly,  as  soon  as  possible,  uniform  arrangements 
as  to  operation  shall  be  made,  and  especially  shall  uniform  regula- 
tions be  adopted  for  the  police  of  railways.  The  Empire  shall  take 
care  that  the  various  railway  administrations  keep  the  roads  at,  all 
times  in  such  condition  as  is  necessary  for  public  security  and  furnish 
them  with  such  equipment  as  the  needs  of  traffic  may  require. 

Art.  44.  Railway  administrations  are  bound  to  run  as  many  pas- 
senger trains  of  suitable  speed  as  may  be  required  for  through  traffic, 
and  for  the  establishment  of  harmony  between  time  tables;  also  to 
make  provision  for  such  freight  trains  as  may  be  necessary  for  the 
transport  of  goods,  and  to  organize  a  system  of  through  forwarding 
both  in  passenger  and  freight  traffic,  permitting  rolling  stock  to  go 
from  one  road  to  another  for  the  usual  remuneration. 
92975—19 2 


18  CONSTITUTION  OF   THE  GERMAN  EMHBE. 

Art.  45.  The  Empire  shall  have  control  of  the  tariff  of  charges.  It 
shall  especially  exert  itself  to  the  end: 

(1)  That  uniform  regulations  as  to  operation  be  introduced  as 
soon  as  possible  on  all  German  railway  lines ; 

(2)  That  the  tariff  be  reduced  and  made  uniform  as  far  as  pos- 
sible, and  particularly  that  in  the  long-distance  transportation  of 
coal,  coke,  wood,  ores,  stone,  salt,  pig  iron,  manure,  and  similar 
articles,  a  tariff  be  introduced  suitably  modified  in  the  interests  of 
agriculture  and  industry ;  and  that  the  1-pfennig  tariff  be  introduced 
as  soon  as  practicable. 

Art.  46.  In  case  of  public  distress,  especially  in  case  of  an  extraor- 
dinary rise  in  the  price  of  provisions,  it  shall  be  the  duty  of  the  rail- 
roads to  adopt  temporarily  a  low  special  tariff  suited  to  the  circum- 
stances, to  be  fixed  by  the  Emperor  on  motion  of  the  competent  com- 
mittee of  the  Bundesrat,  for  the  transport  of  grain,  flour,  legumes, 
and  potatoes.  This  tariff  shall,  however,  not  be  lower  than  the  lowest 
existing  rate  for  raw  produce  on  the  said  line. 

The  foregoing  provisions,  and  those  of  articles  42  to  45,  shall  not 
apply  to  Bavaria. 

The  Imperial  Government,  however,  shall  have  the  power,  with 
respect  to  Bavaria  also,  to  establish  by  means  of  legislation  uniform 
standards  for  the  construction  and  equipment  of  railways  which  may 
be  of  importance  for  the  defense  of  the  country. 

Art.  47.  The  managers  of  all  railways  shall  be  required  to  obey, 
without  hesitation,  requisitions  made  by  the  authorities  of  the  Empire 
for  the  use  of  their  roads  for  the  defense  of  Germany.  In  particular 
shall  troops  and  all  materials  of  war  be  forwarded  at  uniformly  re- 
duced rates. 

VIII.    POST    AND    TELEGRAPH. 

Art,  48.  The  postal  and  telegraph  systems  shall  be  organized  and 
managed  on  a  uniform  plan,  as  State  institutions  throughout  th<', 
German  Empire. 

The  legislation  of  the  Empire  in  regard  to  postal  and  telegraph 
affairs,  provided  for  in  article  4,  shall  not  extend  to  those  matters  the 
control  of  which  is  left  to  governmental  ordinance  or  administrative 
regulation,  according  to  the  principles  which  have  prevailed  in  the 
administration  of  post  and  telegraph  by  the  North  German  Con- 
federation. 

Art.  49.  The  receipts  from  post  and  telegraph  throughout  the 
Empire  shall  belong  to  a  common  fund.  The  expense  shall  be  paid 
from  the  general  receipts.  The  surplus  shall  go  into  the  Imperial 
treasury  (sec.  XII). 


CONSTITUTION   OF   THE   GEBMAN  EMPIRE.  19 

Art.  50.  The  Emperor  shall  have  the  supreme  supervision  of  the 
administration  of  post  and  telegraph.  The  officers  appointed  by  him 
shsill  have  the  duty  and  the  right  to  see  to  it  that  uniformity  be  estab- 
lished and  maintained  in  the  organization  of  the  administration  and 
in  the  conduct  of  business,  as  well  as  in  the  qualifications  of  em- 
ployees. 

The  Emperor  shall  have  the  power  to  issue  governmental  instruc- 
tions and  general  administrative  regulations,  and  also  the  exclusive 
right  to  regulate  the  relations  with  the  postal  and  telegraph  systems 
of  other  countries. 

It  shall  be  the  duty  of  all  officers  of  the  postal  and  telegraph  admin- 
istration to  obey  the  orders  of  the  Emperor.  This  obligation  shall 
be  assumed  in  the  oath  of  office. 

The  appointment  of  such  superior  officers  as  shall  be  required  for 
the  administration  of  the  post  and  telegraph  in  the  various  districts 
(such  as  directors,  counselors,  and  superintendents) ,  furthermore,  the 
r.ppointment  of  officers  of  the  post  and  telegi^aph  acting  in  the  capac- 
ity of  organs  of  the  aforesaid  authorities  as  supervisors  or  for  other 
services  in  the  several  districts  (such  as  inspectors  or  controllers), 
shall  be  made  throughout  the  Empire  by  the  Emperor,  to  whom  such 
officers  shall  take  the  oath  of  office.  The  governments  of  the  several 
States  shall  receive  timely  notice  of  the  aforementioned  appointments, 
us  far  as  they  may  relate  to  their  territories,  so  that  they  may  confirm 
and  publish  them. 

Other  officers  required  in  the  administration  of  the  post  and  tele- 
graph, as  well  as  all  those  employed  for  local  and  technical  work, 
including  the  officials  in  the  local  offices,  and  so  forth,  shall  be  ap- 
pointed by  the  governments  of  the  respective  States. 

Where  there  is  no  independent  State  administration  of  post  or  tele- 
graph, the  terms  of  special  treaties  shall  control. 

Art.  51.  In  consideration  of  the  differences  which  have  heretofore 
existed  in  the  net  receipts  of  the  State  postal  administrations  of  the 
several  districts,  and  for  the  purpose  of  securing  a  suitable  equaliza- 
tion during  the  period  of  transition  below  named,  the  following  proce- 
dure shall  be  observed  in  assigning  the  surplus  of  the  postal  adminis- 
tration for  general  Imperial  purposes  (article  49)  : 

From  the  postal  surpluses  which  accumulated  in  the  several  postal 
districts  during  the  five  years  from  1861  to  1865,  a  yearly  average  , 
shall  be  computed,  and  the  share  which  every  separate  postal  district 
has  had  in  the  surplus  resulting  therefrom  for  the  whole  territory  of 
the  Empire  shall  be  expressed  in  a  percentage. 

In  accordance  with  the  ratio  thus  ascertained,  the  several  States 
shall  be  credited  on  the  account  of  their  other  contributions  to  the 


20  CONSTITUTION   OF   THE  GERMAN  EMPIEE. 

expenses  of  the  Empire,  with  their  quota  accruing  from  the  postal 
surplus  in  the  Empire,  for  a  period  of  eight  years  following  their 
entrance  into  the  postal  administration  of  the  Empire. 

At  the  end  of  the  said  eight  years  the  distinction  shall  cease,  and 
,any  surplus  from  the  postal  administration  shall  go,  without  di- 
vision, into  the  Imperial  treasury,  according  to  the  principle  con- 
tained in  article  49. 

Of  the  quota  of  the  postal  surplus  which  accrues  during  the  afore- 
mentioned period  of  eight  years  in  favor  of  the  Hanse  cities  one- 
half  shall  each  year  be  placed  at  the  disposal  of  the  Emperor,  for 
the  purpose  of  providing  for  the  establishment  of  the  proper  postal 
organizations  in  the  Hanse  cities. 

Art.  52.  The  provisions  of  the  foregoing  articles  48  to  51  do  not 
apply  to  Bavaria  and  Wiirttemberg.  In  their  place  the  following 
provisions  shall  be  valid  for  these  two  States  of  the  Empire : 

The  Empire  alone  shall  have  power  to  legislate  upon  the  privileges 
of  the  post  and  telegraph,  upon  the  legal  relations  of  both  institu- 
tions to  the  public,  upon  the  franking  privilege  and  the  postal  rates, 
excepting,  however,  the  adoption  of  administrative  regulations  and 
of  rates  for  the  internal  communication  within  Bavaria  and  Wiirt- 
temberg, respectively ;  and,  under  like  limitations,  upon  the  fixing  of 
charges  for  telegraphic  correspondence. 

In  the  same  manner,  the  Empire  shall  have  the  regulation  of  postal 
and  telegraphic  communication  with  foreign  countries,  excepting  the 
immediate  intercourse  of  Bavaria  and  Wiirttemberg  with  neighbor- 
ing States  not  belonging  to  the  Empire,  the  regulation  of  which  is 
subject  to  the  provisions  of  article  49  of  the  postal  treaty  of  No- 
vember 23, 186T. 

Bavaria  and  Wiirttemberg  shall  not  share  in  the  postal  and  tele- 
graphic receipts  coming  into  the  treasury  of  the  Empire. 

IX.    MARINE  AND  NAVIGATION. 

Art.  53.  The  navy  of  the  Empire  shall  be  a  united  one,  under  the 
supreme  command  of  the  Emperor.  The  Emperor  is  charged  with 
its  organization  and  construction ;  he  shall  appoint  the-  officers  and 
employees  of  the  navy,  and  they  and  the  seamen  shall  take  an  oath 
of  obedience  to  him. 

The  harbor  of  Kiel  and  the  harbor  of  the  Jade  are  Imperial  naval 
ports. 

The  expense  required  for  the  establishment  and  maintenance  of 
the  navy  and  of  the  institutions  connected  therewith  shall  be  de- 
frayed from  the  treasury  of  the  Empire. 


CONSTITUTION   OF   THE   GEEMAN  EMPIRE.  21 

All  seafaring  men  of  the  Empire,  including  machinists  and  arti- 
sans employed  in  ship-building,  are  exempt  from  service  in  the  army, 
but  are  liable  to  service  in  the  Imperial  navy.^ 

Art.  54.  The  merchant  vessels  of  all  States  of  the  Union  shall 
form  a  united  mercantile  marine. 

The  Empire  shall  determine  the  process  for  ascertaining  the  ton- 
nage of  seagoing  vessels,  shall  regulate  the  issuing  of  tonnage  cer- 
tificates and  of  ship  certificates,  and  shall  fix  the  conditions  upon 
which  a  license  to  command  a  seagoing  vessel  shall  be  granted. 

The  merchant  vessels  of  all  the  federated  States  shall  be  admitted 
on  equal  footing  to  the  harbors  and  all  natural  and  artificial  water- 
courses of  the  several  States  of  the  Union,  and  shall  be  accorded 
similar  treatment  therein.  The  fees  which  may  be  collected  in  har- 
bors, from  seagoing  vessels  or  from  their  cargoes,  for  the  use  of 
marine  institutions,  shall  not  exceed  the  amount  necessary  for  the 
maintenance  and  ordinary  repair  of  these  institutions. 

On  all  natural  watercourses  taxes  may  only  be  levied  for  the  use 
of  special  institutions  which  serve  to  facilitate  commercial  inter- 
course. These  taxes  as  well  as  the  charge  for  navigating  such  arti- 
.ficiaL  channels  as  are  the  property  of  the  State  shall  not  exceed  the 
amount  required  for  the  maintenance  and  ordinary  repair  of  such 
institutions  and  establishments.  These  provisions  shall  apply  to' 
rafting,  in  so  far  as  it  is  carried  on  along  navigable  watercourses. 

The  power  to  lay  other  or  higher  taxes  upon  foreign  vessels  of  their 
cargoes  than  those  which  are  paid  by  the  vessels  of  the  Federal 
States  or  their  cargoes  shall  belong  only  to  the  Empire  and  not  to 
the  separate  States. 

Art.  55.  The  flag  of  the  naval  and  merchant  marine  is  black,  white, 
and  red. 

X.    CONSULAR  AFFAIRS. 

Art.  56.  The  Emperor  shall  have  the  supervision  of  all  consular 
affairs  of  the  German  Empire,  and  he  shall  appoint  consuls,  after 
hearing  the  Committee  of  the  Bundesrat  on  Trade  and  Commerce. 

No  new  State  consulates  shall  be  established  within  the  districts 
covered  by  German  consuls.  German  consuls  shall  perform  the 
functions  of  State  consuls  for  the  States  of  the  Union  not  represented 
in  their  districts.  All  the  State  consulates  now  existing  shall  be 
abolished  as  soon  as  the  organization  of  the  German  consulates  shall 
be  completed  in  such  a  manner  that  the  representation  of  the  separate 
interests  of  all  the  Federal  States  shall  be  recognized  by  the  Bundes- 
rat as  satisfactorily  secured  by  the  German  consulates. 

1  Paragraph  5  of  article  53  was  repealed  by  law  of  May  26,  1893.  It  read  as  follows : 
"  The  apportionment  of  requisitions  to  supply  the  ranks  of  the  navy  shall  be  made  ac- 
cording to  the  actual  seafaring  population,  and  the  number  furnished  in  accordance 
herewith  by  each  State  shall  be  deducted  from  the  number  otherwise  required  for  the 
army." 


22  CONSTITUTION   01'   THE   GERMAN  EMPIRE. 

XI.    MILITARY  AFFAIRS  OF  THE  EMPIRE. 

Art.  57.  E-very  German  is  liable  to  military  duty,  and  in  the  dis- 
charge of  this  duty  no  substitute  shall  be  accepted. 

Art.  58.  The  costs  and  the  burden  of  the  entire  military  system  of 
the  Empire  shall  be  borne  equally  by  all  the  Federal  States  and  their 
subjects,  so  that  neither  special  privileges  nor  burdens  upon  particu- 
lar States  or  classes  are  in  principle  permissible.  Where  an  equal 
distribution  of  the  burdens  can  not  be  effected  in  natura  without 
prejudice  to  the  public  welfare,  the  equalization  shall  be  effected  by 
legislation  in  accordance  with  the  principles  of  justice. 

Art.  59.  Every  German  capable  of  bearing  arms  shall  belong  for 
seven  years  to  the  standing  army,  as  a  rule  from  the  end  of  his  20th 
to  the  beginning  of  his  28th  year ;  during  the  next  five  years  he  shall 
belong  to  the  national  guard  (Landwehr)  of  first  summons,  and  then 
to  the  national  guard  of  second  summons  until  the  31st  day  of  March 
of  the  year  in  which  he  reaches  the  age  of  39  years. 

During  the  period  of  service  in  the  standing  army  the  members 
of  the  cavalry  and  of  the  mounted  field  artillery  are  required  to 
serve  the  first  three  years  in  unbroken  active  service ;  all  other  forces 
are  required  to  give  the  first  tw  o  years  in  active  service. 

As  regards  the  emigration  of  men  belonging  to  the  reserve,  only 
those  provisions  shall  be  in  force  which  apply  to  the  emigration  of 
members  of  the  national  guard   (Landwehr) } 

Art.  60.  The  number  of  men  in  the  German  army  in  time  of  peace 
shall  be  fixed  until  the  31st  day  of  December,  1871,  at  1  per  cent  of 
the  population  of  1867,  and  shall  be  furnished  by  the  several  Federal 
States  in  proportion  to  their  population.  After  the  above  date  the 
effective  strength  of  the  army  in  time  of  peace  shall  be  fixed  by  Im- 
perial legislation. 

Art.  61.  After  the  publication  of  this  Constitution  the  entire  Prus- 
sian system  of  military  legislation  shall  be  introduced  without  delay 
throughout  the  Empire,  both  the  statutes  themselves  an<i  the  regu- 
lations, instructions,  and  ordinances  issued  for  their  execution,  expla-' 
nation,  or  completion;  especially  the  military  penal  code  of  April  3, 
1845;  the  law  of  military  penal  procedure  of  April  3,  1845;  the 
ordinance  concerning  the  courts  of  honor,  of  July  20,  1843 ;  the  regu- 
lations with  respect  to  recruiting,  time  of  service,  matters  relating  to 
quarters  and  subsistence,  to  the  quartering  of  troops,  to  compensation 
for  injury  done  to  fields,  to  mobilization  of  troops,  etc.,  in  times  of 
peace  and  war.  The  military  ordinance  relating  to  religious  ob- 
servances is,  however,  excepted. 

When  a  uniform  organization  of  the  German  army  for  war  pur- 
poses shall  have  been  established,  a  comprehensive  military  code  for 

^  This  article  Is  givea  as  amended  by  law  of  April  15,  1905.  It  was  also  altered  by 
law  of  February  11,  1888. 


CONSTITUTION   OF   THE   GERMAN  EMPIEE.  23 

the  Empire  shall  be  submitted  to  the  Eeichstag  and  the  Bundesrat 
for  their  action,  in  accordance  with  the  Constitution. 

Art.  62.  For  the  purpose  of  defraying  the  expenses  of  the  whole 
German  army,"  and  of  the  institutions  connected  therewith,  the  sum 
of  225  thalers  for  each  man  in  the  army  on  the  peace  footing,  accord- 
ing to  article  60,  shall  be  annually  placed  at  the  disposal  of  the 
Emperor  until  the  31st  day  of  December,  1871.     (See  sec.  XII.) 

After  the  31st  day  of  December,  1871,  the  several  States  shall  pay 
these  contributions  into  the  Imperial  treasury.  Until  it  is  altered 
by  a  law  of  the  Empire,  the  strength  of  the  army  in  time  of  peace, 
as  temporarily  fixed  in  article  60,  shall  be  taken  as  a  basis  for  calcu- 
lating the  amounts  of  such  contributions. 

The  expenditure  of  these  sums  for  the  Imperial  army  and  its 
establishments  shall  be  fixed  by  the  budgetary  law. 

In  determining  the  budget  of  military  expenditure,  the  organiza- 
tion of  the  Imperial  army,  legally  established  in  accordance  with  this 
Constitution,  shall  be  taken  as  a  basis. 

Art.  63.  Tlie  total  land  force  of  the  Empire  shall  form  one  army, 
which  shall  be  under  the  command"  of  the  Emperor,  in  war  and  in 
peace. 

The  regiments,  etc.,  throughout  the  whole  German  army  shall  bear 
continuous  numbers.  As  to  the  uniform,  the  primary  colors  and  cut 
of  the  Prussian  uniform  shall  be  the  standard.  It  is  left  to  com- 
manders of  the  several  contingents  to  determine  upon  external  marks 
of  distinction  (cockades,  etc.). 

It  shall  be  the  duty  and  right  of  the  Emperor  to  take  care  that 
throughout  the  German  army  all  divisions  be  kept  full  and  ready  to 
take  the  field,  and  that  uniformity  be  established  and  maintained  in 
regard  to  organization  and  formation,  equipment  and  command,  in 
the  training  of  the  men,  and  in  the  qualifications  of  the  officers. 
For  this  purpose  the  Emperor  shall  have  authority  to  satisfy  himself 
at  any  time,  by  inspection,  of  the  condition  of  the  several  contingents, 
and  to  order  the  correction  of  defects  disclosed  by  such  inspection. 

The  Emperor  shall  determine  the  f^trength,  composition,  and  di- 
vision of  the  contingents  of  the  Imperial  army,  and  also  the  organi- 
zation of  the  national  guard  {Landwehr)  ^  and  he  shall  have  the 
right  to  determine  the  garrisons  within  the  territory  of  the  Union, 
as  also  to  mobilize  any  portion  of  the  Imperial  army. 

In  order  to  maintain  the  indispensable  unity  in  the  administration, 
care,  arming,  and  equipment  of  all  divisions  of  the  German  armj^, 
all  orders  relating  to  these  matters  hereafter  issued  to  the  Prussian 
army  shall  be  communicated,  for  their  proper  observance,  to  the  com- 
manders of  the  other  contingents,  through  the  Committee  on  the 
Army  and  Fortifications  provided  for  by  article  8,  no.  1. 


24  CONSTITUTION   OF   THE   GEEMAN   EMPIRE. 

Art.  64.  All  German  troops  are  bound  to  render  unconditional 
obedience  to  the  commands  of  the  Emperor.  This  obligation  shall  be 
included  in  the  military  oath. 

The  commander-in-chief  of  a  contingent,  as  well  as  all  officers  com- 
manding troops  of  more  than  one  contingent,  and  all  commanders  of 
fortresses,  shall  be  appointed  by  the  Emperor.  The  officers  appointed 
by  the  Emperor  shall  take  the  military  oath  to  him.  The  appoint- 
ment of  generals,  and  of  officers  performing  the  duties  of  generals 
within  a  contingent,  shall  in  every  case  be  subject  to  the  approval  of 
the  Emperor. 

In  the  transfer  of  officers,  with  or  without  promotion,  to  positions 
which  are  to,  be  filled  by  him  in  the  service  of  the  Empire,  be  it  in 
the  Prussian  army  or  in  other  contingents,  the  Emperor  shall  have 
the  right  to  select  from  the  officers  of  all  the  contingents  of  the  Impe- 
rial army. 

Art.  65.  The  right  to  construct  fortresses  within  the  Federal  ter- 
ritory shall  belong  to  the  Emperor,  who  shall  ask  in  accordance  with 
section  XII  for  the  grant  of  the  means  required  for  that  purpose, 
unless  it  has  already  been  included  in  the  regular  appropriation. 

Art.  66.  In  the  absence  of  special  conventions,  the  princes  of  the 
Confederation  and  the  senates  shall  appoint  the  officers  of  their  re- 
spective contingents,  subject  to  the  restriction  of  article  64.  They 
shall  be  the  heads  of  all  of  the  divisions  of  troops  belonging  to  their 
territories,  and  shall  enjoy  the  honors  connected  therewith.  They 
shall  have  particularly  the  right  to  hold  inspections  at  any  time,  and 
shall  receive,  besides  the  regular  reports  and  announcements  of 
changes  to  be  made,  timely  information  of  all  promotions  and  ap- 
pointments concerning  their  respective  contingents,  in  order  to  pro- 
vide for  the  necessary  publication  of  such  information  by  State 
authority. 

They  shall  also  have  the  right  to  employ,  for  police  purposes, 
not  only  their  own  troops  but  all  other  divisions  of  the  Imperial 
army  which  may  be  stationed  in  their  respective  territories. 

Art.  67.  Unexpended  portions  of  the  military  appropriation  shall 
under  no  circumstances  fall  to  the  share  of  a  single  Government, 
but  at  all  times  to  the  Imperial  treasury. 

Art.  68.  The  Emperor  shall  have  the  power,  if  public  security 
within  the  Federal  territory  is  threatened,  to  declare  martial  law  in 
any  part  of  the  Empire.  Until  the  publication  of  a  law  regulating 
the  occasions,  the  form  of  announcement,  and  the  effects  of  such  a 
declaration,  the  provisions  of  the  Prussian  law  of  June  4,  1851,  shall 
be  in  force. 

FINAL  PROVISION   OF  SECTION  XI. 

The  provisions  contained  in  this  section  shall  be  applied  in  Ba- 
varia, in  accordance  with  the  more  detailed  provisions  of  the  treaty 


CONSTITUTION   OF   THE   GERMAN  EMPIRE.  25 

of  alliance  of  November  23,  1870,  under  III,  section  5 ;  in  Wiirttem- 
berg,  in  accordance  with  the  more  detailed  provisions  of  the  mili- 
tary convention  of  November  21-25,  1870. 

XII.  FINANCES  OF  THE  EMPIRE. 

Art.  69.  All  receipts  and  expenditures  of  the  Empire  shall  be 
estimated  for  each  year,  and  included  in  the  budget.  The  latter 
shall  be  fixed  by  law  before  the  beginning  of  the  fiscal  year,  in  ac- 
cordance with  the  following  principles. 

Art.  70.  For  the  defrayal  of  all  common  expenses  there  shall  serve 
first  of  all  the  joint  revenues  derived  from  customs  duties,  from  com- 
mon taxes,  from  the  railway,  postal,  and  telegraph  systems,  and 
from  the  other  branches  of  the  administration.  In  so  far  as  the  ex- 
penditures are  not  covered  by  such  receipts,  they  shall  be  met  by  con- 
tributions from  the  several  States  of  the  Confederation  in  proportion 
to  their  population,  such  contributions  to  be  fixed  by  the  Imperial 
Chancellor,  with  reference  to  the  total  amount  established,  by  the 
budget.  In  so  far  as  these  contributions  are  not  used,  they  shall  be 
repaid  to  the  States  at  the  end  of  the  year,  in  proportion  as  the  other 
regular  receipts  of  the  Empire  exceed  its  needs. 

Any  surpluses  from  preceding  years  shall  be  used,  so  far  as  the 
Imperial  budgetary  law  does  not  otherwise  provide,  for  defraying 
the  joint  extraordinary  expenses.^ 

Art.  71.  The  general  appropriations  shall,  as  a  rule,  be  granted 
for  one  year ;  they  may,  however,  in  special  cases,,  be  granted  for  a 
longer  period. 

During  the  period  of  transition  fixed  by  article  60,  the  properly 
classified,  financial  estimate  of  the  expenditures  of  the  army  shall  be 
laid  before  the  Bundesrat  and  the  Reichstag  merely  for  their  in- 
formation. 

Art.  72.  For  the  purpose  of  discharge  aji  annual  report  of  the 
expenditure  of  all  the  revenues  of  the  Empire  shall  be  presented, 
through  the  Imperial  Chancellor,  to  the  Bundesrat  and  the  Reichstag, 
for  their  approval.  • 

Art.  73.  In  cases  of  extraordinary  need,  a  loan  may  be  contracted 
or  a  guaranty  assumed  as  a  charge  upon  the  Empire,  by  means  of 
Imperial  legislation. 

FINAL   PROVISION    OF    SECTION    XII. 

Articles  69  and  71  shall  apply  to  expenditures  for  the  Bavarian 
army  only  according  to  the  provisions  of  the  treaty  of  November  23, 
1870,  mentioned  in  the  final  provision  of  section  XI;  and  article  72 
applies  only  to  the  extent  that  the  Bundesrat  and  the  Reichstag  shall 

1  As  amended  May  14,  1904. 


26  CONSTITUTION   OF   THE  GERMAN  EMPIBE. 

be  informed  that  the  sum  necessary  for  the  Bavarian  army  has  been 
assigned  to  Bavaria. 

XIII.    SETTLiEMENT  OF  DISPUTES  AND  PENAL  PROVISIONS. 

Art.  74.  Every  attempt  against  the  existence,  the  integrity,  the 
security,  or  the  Constitution  of  the  German  Empire;  finally,  any 
offense  committed  against  the  Bundesrat,  Reichstag,  a  member  of  the 
Bundesrat  or  of  the  Reichstag,  an  authority  or  a  public  officer  of  the 
Empire,  while  in  the  execution  of  their  duty,  or  Avith  reference  to 
their  official  position,  by  word,  writing,  printing,  drawing,  pictorial 
or  other  representations,  shall  be  judged  and  punished  in  the  several 
States  of  the  Empire  in  accordance  with  the  laws  therein  existing 
or  which  may  hereafter  be  enacted,  by  which  provision  is  made  for 
the  trial  of  similar  offenses  against  any  one  of  the  States  of  the 
Empire,  its  constitution,  legislature,  or  estates,  the  members  of  its 
legislature  or  its  estates,  authorities,  or  officers. 

Art.  75.  For  those  offenses  against  the  German  Empire,  specified 
in  article  74,  which,  if  committed  against  one  of  the  States  of  the 
Empire,  would  be  considered  high  treason,  the  Superior  Court  of 
Appeals  of  the  three  free  Hanse  cities,  at  Lubeck,  shall  be  the  com- 
petent deciding  tribunal  in  the  first  and  last  resort. 

More  definite  provisions  as  to  the  competency  and  the  procedure 
of  the  Superior  Court  of  Appeals  shall  be  made  by  Imperial  legis- 
lation. Until  the  passage  of  an  Imperial  law,  the  existing  jurisdic- 
tion of  the  courts  in  the  respective  States,  and  the  provisions  relative 
to  the  procedure  of  these  courts  shall  remain  as  at  present. 

Art.  76.  Disputes  between  the  several  States  of  the  Union,  so  far 
as  they  do  not  relate  to  matters  of  private  law,  and  are  therefore  to 
be  decided  by  the  competent  judicial  authorities,  shall  be  adjusted 
by  the  Bundesrat,  at  the  request  of  one  of  the  parties. 

In  disputes  relating  ,to  constitutional  matters  in  those  States  of 
the  Union  whose  constitution  does  not  designate  an  authority  for  the 
settlement  of  such  differences,  the  Bundesrat  shall,  at  the  request  of 
one  of  the  parties,  effect  an  amicable  adjustment,  and  if  this  can  not 
be  done,  the  matter  shall  be  settled  by  Imperial  law. 

Art.  77.  If  justice  is  denied  in  one  of  the  States  of  the  Union^ 
and  sufficient  relief  cannot  be  procured  by  legal  measures,  it  shall  be 
the  duty  of  the  Bundesrat  to  receive  substantiated  complaints  con- 
cerning denial  or  restriction  of  justice,  which  shall  be  proven  accord- 
ing to  the  constitution  and  the  existing  laws  of  the  respective  States 
of  the  Union,  and  thereupon  to  obtain  judicial  relief  from  the  State 
Government  which  shall  have  given  occasion  to  the  complaint. 


CONSTITUTIOISr   OF   THE   GERMAN  EMPIBE.  27 

XIV.    AMENDMENTS. 

Art.  78.  Amendments  of  the  Constitution  shall  be  made  by  legis- 
lative enactment.  They  shall  be  considered  as  rejected  when  14 
votes  are  cast  against  them  in  the  Bundesrat. 

The  provisions  of  the  Constitution  of  the  Empire,  by  which  cer- 
tain rights  are  secured  to  particular  States  of  the  Union  in  their  rela- 
tion to  the  whole,  may  be  amended  only  with  the  consent  of  the  States 
affected. 


THE  GERMAN  STATES. 
ANHALT.^ 

PATENT  OF  PUBLICATION  OF  THE  PROVINCIAL  LAW  OF  1859. 

By  God's  grace,  we,  Leopold  Friedrich,  oldest  Ruling  Duke  of 
Anhalt,  and  we  Alexander  Carl,  Ruling  Duke  of  Anhalt,  Dukes  of 
Sax6ny,  Engern,  Westphalia,  Counts  of  Ascania,  Lords  of  Bern- 
burg  and  Zerbst,  etc.,  and  we  Friederike,  Duchess- Coregent  of 
Anhalt,  etc.,  mutually  agreed  to  regulate  the  provincial  representa- 
tion of  our  Duchies  in  accordance  with  the  older  and  more  recent 
constitutional  agreements,  and  in  concord  with  the  still  existing 
members  of  the  greater  and  smaller  committee  of  the  Joint  Province 
of  Anhalt,  and,  as  far  as  the  Duchy  of  Anhalt-Bernburg  is  con- 
cerned, in  agreement  with  the  Diet  of  the  Duchy  provided  for  by  the 
provincial  constitutional  law  of  February  28,  1850,  have  promul- 
gated the  following  Provincial  Law  and  order  of  business  and  do 
decree  as  follows : 

Article  1.  This  Provincial  Law  and  the  order  of  business  go  into 
legal  force  on  October  1,  1859. 

Art.  2.  The  Under  Provincial  Director  and  the  two  sub-prefects, 
as  well  as  the  Land- Steward,  remain  in  office. 

Art.  3.  Our  State  Ministries  are  entrusted  with  the  execution  of 
these  laws. 

Signed  with  our  own  hand  and  provided  with  our  ducal  seals. 

Dessau,  July  18, 1859. 

LEOPOLD  FRIEDRICH, 

Duke  of  Anhalt. 
[l.  s.]     v.  Ploetz. 

ALEXANDER  CARL, 

Duke  of  Anhalt. 


Hoym,  August  31, 1859. 


FRIEDERIKE, 

Duchess  of  Anhalt. 
[l.  s.]     v.  Schaetzell. 


TitE  PROVINCIAL  LAW  OF  1859. 

Section  1.  There  shall  exist  for  the  Duchies  of  Anhalt  one  gen- 
eral province,  which,  according  to  this  Provincial  Law,  shall  act  as 
one  body  in  one  General  Diet.^ 

*  Translation  by  Mrs.  H.  N.  Taylor  of  the  text  as  found  in  Posener,  Die  Staataver- 
fassungen  des  Erdhalla,  pp.  63-67,  and  Stoerk-Bauchhaupt,  Handhuch  der  Deutschen 
Verfassungen,  pp.  62-69. 

*  Only  one  Duchy  Anhalt  now  exists. 

28 


CONSTITUTIOIT   OF  ANHALT.  29 

Secs.  2  to  13.1 

Sec.  14.  In  addition  to  the  special  prerequisites  mentioned  in  the 
previous  paragraphs,  only  men  who  have  attained  their  thirtieth 
year,  who  are  of  Christian  faith  and  enjoy  the  full  rights  of  citizen- 
ship, but  are  not  under  the  supervision  of  a  guardian,  who  have  not 
declared  bankruptcy,  and  who,  in  case  they  were  deputies  of  a 
municipal  or  rural  community,  have  resided  for  at  least  three  years 
in  one  of  our  Duchies,  shall  be  eligible  for  the  Provincial  Assembly. 

Officials  (inclusive  of  pensioners  or  unattached  employees)  must 
have  our  consent  in  order  to  enter  the  Diet. 

Ineligibility  to  the  Diet,  which  ensues  after  election  of  a  deputy, 
operates  to  deprive  the  delegate  of  his  position. 

Sec.  16.  The  election  of  the  representatives  shall  take  place  regu- 
larly for  a  term  of  six  years. 

Sec.  16.  We  shall  assemble  the  General  Diet  as  soon  and  as  often 
as  seems  to  us  suitable,  but  in  any  case  every  three  years. ^ 

Sec.  it.  We  shall  determine  separately  for  each  session  the  place 
where  the  meetings  of  the  General  Diet  shall  be  held. 

Sec.  18.  We  shall  avail  ourselves  of  the  advice  of  our  General  Diet 
in  all  laws  concerning  the  general  welfare  and  the  good  of  the  coun- 
try and  in  other  matters  which  we  consider  suitable  therefor. 

Sec.  19.  We  shall  procure  the  consent  of  the  Provincial  Assemblies 
for  the  decrees  of  such  laws  as  involve  a  change  in  the  Constitution 
of  the  country  and  of  the  provincial  laws,  which  burden  our  subjects 
with  new  duties,  or  which  remove  or  restrict  well-earned  rights,  es- 
pecially as  concerns  the  property  of  single  individuals  or  of  whole 
classes.  The  consent  of  the  Diet  is  not  required,  however,  for  those 
laws  which  serve  for  the  execution  of  the  decrees  of  the  German  Con- 
federation or  for  the  discharge  of  already  existing  political  treaties. 
Moreover,  we  will  procure  the  consent  of  our  Assemblies  in  assuming 
public  debts,  including  the  expense  of  new  treasury  bills,  in  the  sale 
of  domains  and  hunting  reserves  which  belong  to  a  family  estate,^ 
in  the  conveyance  of  tracts  of  territory  to  other  States  in  so  far  as 
it  is  not  a  matter  of  simple  regulation  of  boundaries,  and  in  the  set- 
tlement of  State  treaties  which  impose  fresh  burdens  upon  our  sub- 
jects. 

Sec.  20.  When  the  public  welfare,  the  safety  of  our  Duchy,  or  other 
urgent  conditions  make  it  necessary  to  proclaim  laws  without  the  pre- 
ceding hearing  of  the  General  Diet,  we  will  subsequently  have  these 

1  These  paragraphs  define  the  composition  of  the  Diet  (12  representatives  each  from 
the  nobility,  from  the  cities,  and  from  the  villages)  and  are  replaced  by  the  law  of 
February  19,  1872,  printed  belo>v. 

2  Pietscher :  Das  BtaatsrecM  dea  Hermogtums  Anhalt,  accepts  on  the  ground  of  custom 
the  fact  that  the  Diet  must  now  be  summoned  annually.  Cf.  Jantsch  "  Der  Anhaltische 
Landtag/'  p.  39,  note  37. 

3  The  consent  for  such  sales  is  no  longer  necessary.  Law  of  June  28,  1869,  article  16 
(Anhalt  Code  of  Laws,  vol.  4,  p.  1329). 


so  CONSTITUTIONS  Oi'  THE  GERMAN  STATES 

provisory  laws  placed  before  the  Diet  for  the  passing  of  its  judgment 
(sec.  18)  and  consent  (sec.  19). 

Sec.  21.  We  reserve  the  right  to  declare  every  matter  belonging  to 
the  jurisdiction  of  the  General  Diet  as  a  question  relating  to  our 
Special  Diet,  if  we  are  either  not  agreed  as  to  the  necessity  of  pass- 
ing a  law  or  concluding  a  treaty,  or  if  the  General  Diet  refuses  to  pass 
a  bill.  We  may  also  refer  to  the  Special  Diet  all  questions  which 
concern  the  vital  interests  of  a  Duchy. 

Sec.  22.  The  General  Diet  shall  have  the  right  to  address  com- 
plaints and  proposals  to  us. 

We  shall  grant  the  same  right  to  the  separate  Estates  if  they  con- 
sider themselves  oppressed  by  the  decision  of  the  majority. 

Sec.  23.  The  following  topics  are  excluded  from  the  deliberations 
of  the  General  Diet :  All  legislation  referring  to  the  finances  of  the 
Duchies,  especially  the  State  budget,  the  auditing  of  the  accounts,  the 
taxes,  dues,  and  the  public  debt. 

Sec.  2^.^  The  opening  of  the  General  Diet  shall  be  effected  by  the 
Duke,  as  First  Provincial  Director,  in  person,  or  by  commissioners, 
to  be  named  individually  by  us.  These  commissioners  and  officials 
empowered  by  them  are  entitled  to  attend  the  deliberations  of  the 
Diet  and  to  take  the  floor  at  all  times. 

Sec,  25.^  The  meetings  of  the  General  Assembly  are  to  be  conducted 
according  to  the  order  of  business  which  is  in  force. 

Sec.  26.  The  members  of  the  Diet  shall  receive  four  thalers  daily 
for  the  duration  of  the  Diet. 

Sec.  27.  The  dismissal  of  the  General  Diet  shall  take  place  in  the 
same  manner  as  the  opening. 

Sec.  28.  In  suitable  cases  we  reserve  for  ourselves  the  right  of  dis- 
solving the  General  Diet.  The  dissolution  shall  have  this  effect, 
that  all  representatives  elected  for  the  duration  of  one  term  of  the 
Diet,  shall  lose  their  qualifications  as  such  and  newly  elected  mem- 
iDers  must  come  into  office. 

[Secs.  29  and  30  concerning  the  Special  Diets  were  rescinded  by  the 
union  of  the  Anhalt  Provinces  of  August  30,  1863,  (cf.  sec.  47  of 
this  Provincial  Law)  and  the  law  of  February  19,  1872,  section  1.] 

Sec.  31.  The  Special  Diets  must  deal  with  the  special  matters  of 
the  separate  Duchies. 

Beside  such  -matters  which  we  shall  refer,  especially  to  the  Special 
Diets,  all  financial  legislation  of  the  separate  Duchies,  in  particular 
the  right  to  impose  new  taxes,  and,  with  reference  to  the  Duchy  of 
Anhalt-Bemburg,  the  announcement  of  additional  dues  known  as 

*  Replaced  by  the  rule  of  business  of  the  Diet  of  January  24,  1876  (Code  of  Laws, 
vol.  8,  p.  65),  which  was  amended  by  law  of  February  26,  1891  (vol.  13,  p.  469). 


CONSTITUTION    OF   ANHALT.  31 

the  war  taxes,  the  imposition  of  new  levies  or  other  duties,  as  well 
as  the  collection  of  new  provincial  debts,  the  issuance  of  paper 
money,  and  the  pawning  and  sale  of  real  property,  shall  be  preroga- 
tives of  the  Special  Diets.  The  latter  shall  also  supervise  the  cancel- 
ation of  the  provincial  debts,  examine  the  annual  budget,  and  de- 
termine the  sums  to  be  expended  in  a  fiscal  period  not  to  exceed 
three  years. 

[Secs.  32  to  34  referred  to  the  Special  Diets  and  are  no  longer  in 
force.] 

Sec.  35.^  The  Committee  of  the  Estates  consists  of : 

1.  Nine  members  of  the  Diet  chosen  by  the  Diet. 

Sec.  36.  [Repealed.] 

Sec.  37.-  The  Under  Provincial  Director  is  the  chairman  in  the 
General  Committee  and  in  the  Special  Committee  of  the  Duchy  to 
which  he  belongs. 

Sec.  38.  The  (xeneral  Committee,  as  well  as  the  Special  Commit- 
tees, are  permanently  active,  and  the  dissolution  of  the  Diet  (sec.  28) 
causes  only  the  resignation  of  such  members  of  the  committee  who 
were  members  of  the  Diet  and  were  elected  for  a  given  period. 

Vacancies  caused  by  death  or  ineligibility  of  members  are  filled 
as  soon  as  possible  by  the  election  of  others. 

Sec.  39.  The  General  Committee  controls  independently  the  excise- 
revenue  funds  until  all  obligations  connected  therewith  shall  have 
been  fulfilled.  After  the  fulfilment  of  these  obligations  the  funds 
shall  be  lawfully  canceled  with  the  consent  of  the  General  Diet. 

Sec.  40.  The  General. Diet  shall  have  the  power  to  submit  to  us 
at  any  time  complaints  on  the  status  of  legislation  or  on  other  matters 
relating  to  the  General  Diet,  and  to  make  proposals  with  regard 
thereto. 

Sec.  41.^  Furthermore  they  (i.  e.,  the  Special  Committees)  shall 
name  from  among  their  own  number  the  members  of  the  Estates  who 
are  to  form  the  Committees  for  the  Cancelation  of  State  Debts. 

Secs.  42-46.  [Rescinded  by  law  of  February  28,  1891.] 

Sec.  47.  In  Case  one  of  our  special  ducal  lines  should  become  ex- 
tinct, all  provisions  (sees.  21,  23,  29  ff.)  referring  to  Special  Diets  and 
committees  are  modified  in  that  the  General  Diet  and  its  committee 
replace  the  Special  Diets  and  their  committees. 

Sec.  48.  This  Provincial  Law  is  placed  under  the  guarantee  of  the 
German  Confederation.* 

^Clause  2  of  this  section  was  repealed  by  law  of  February' 28,  1891. 

2  The  rest  of  the  provisions  of  sec.  37  were  rescinded  by  law  of  February  19,  1872. 

3  Clause  1  of  sec.  41  is  no  longer  in  force. 

*  Cf .  Imperial  Constitution,  article  76,  par.  2. 


32  CONSTITUTIONS  OF  THE  GERMAN  STATES. 

Signed  with  our  own  hand  and  provided  with  the  ducal  seals. 
Dessau,  July  18,  1859.     Hoym,  August  31,  1859. 

(Signed)  LEOPOLD  FEIEDRICH, 

Duke  of  Anhalt.. 
[l.s.]     v.  Ploetz. 

ALEXANDER  CARL, 

Duke  of  Anhalt^ 
FRIEDERIKE, 

Duchess  of  Anhalt. 
[l.s.]     v.  Schaetzell. 


ELECTION  LAW  OF  FEBRUARY  19,  1872  (CODE  OF  LAWS,  VOL.  C,, 

P.  371). 

We,  Friedrich,  by  God's  grace,  Duke  of  Anhalt,  etc.,  order,  on  the 
proposal  of  our  State  Ministry  and  with  the  consent  of  the  Diet,  as 
follows : 

Section  1.  The  Diet  shall  consist  in  the  future  of : 

(1)  Two  members  to  be  appointed  by  the  Duke  for  the  duration  of 
the  Diet  session ; . 

(2)  Eight  members  to  be  elected  from  the  most  heavily  taxed  land- 
owners ; 

(3)  Two  from  the  most  heavily  taxed  tradesmen  and  manufac- 
turers ; 

(4)  Fourteen  from  the  other  qualified  voters  of  the  cities; 

(5)  Ten  other  qualified  voters  of  the  lowlands. 

Sec.  2.  Aside  from  special  requirements  (sees.  3  and  4),  every  citi- 
zen of  Anhalt  who  has  passed  his  twenty-fifth  year  shall  be  an  elector 
for  the  Diet.    From  the  right  to  vote  are  excluded  those  persons : 

(1)  Who  are  in  ward  or-gaardianship; 

(2)  Those  over  whose  property  there  is  a  declaration  of  bank- 
ruptcy during  the  bankruptcy  proceedings ; 

(3)  Those  who  receive  relief  from  the  public  or  community  fundSy 
or  did  so  receive  in  the  previous  election  year ; 

(4)  Those  who,  in  consequence  of  legal  proceedings,*  have  been  de- 
prived of  the  full  enjoyment  of  political  rights,  during  the  time  of 
such  deprivation,  provided  they  shall  not  be  reinstated  in  these- 
rights. 

Sec.  3.  Those  most  heavily  taxed  landowners  are  eligible  for  elec- 
tion who,  according  to  section  61  of  the  law  no.  724,  pay  63  marks- 
or  more  fixed  land  taxes.^ 

The  possession  of  rights  of  usufruct  by  inheritance  or  marriage 
and  possession  by  entail  shall  be  equally  recognized  as  valid  owner- 
ship. 

^  The  present  wording  according  to  the  law  of  April  7,  1887  (Code  of  Laws,  vol.  12, 
p.  383),  sec.  3,  no.  1.  In  regard  to  the  "fixed  taxes,;;  see  the  law  of  June  20,  1904r 
(vol.  18,  p.  .163),  sec.  67. 


CONSTITUTION   OF  ANHALT.  33 

Sec.  4.^  Those  most  heavily  taxed  tradesmen  and  manufacturers 
are  eligible  for  election  who  are  qualified  according  to  section  2  and 
are  to  be  considered  as  merchants  in  the  sense  of  the  general  German 
Commercial  Code  -  or  are  owners  of  mines  and  smelting  works  and 
have  an  income  resulting  from  the  traffic  and  trade  of  the  mines  and 
smelting  works  respectively  of  at  least  18,000  marks. 

Sfx.  5.  When  a  qualified  voter  belongs  both  to  the  class  of  the 
heavily  taxed  landowners  as  well  as  also  to  the  class  of  the  heavily 
taxed  tradesmen  and  manufacturers,  the  decision  shall  rest  with  him 
in  which  class  he  will  exercise  his  riglit  to  vote. 

Sec.  6.  The  voters  of  the  loAvlands  shall  vote  in  10  electoral  dis- 
tricts and  shall  elect  one  delegate  each. 

The  division  of  these  electoral  districts  shall  JDroceed  b}'^  the  order 
proclaimed  by  the  State  Ministry  in  accordance  with  section  10  of  this 
law.  The  same  order  shall  govern  the  14  representatives  to  be  chosen 
by  the  cities. 

Sec.  7.^  Qualified  voters  of  the  cities  and  lowlands  shall  be  all  those 
who,  in  addition  to  the  aforesaid  requirements  in  section  2,  possess 
the  qualification  for  the  municipal  election  according  to  sections 
52  and  110  of  the  municipal  law,'^  who  do  not  belong  to  the  heavily 
taxed  class  (sees.  3  and  4),  and  who  have  had  their  residence  within 
the  Duchy  for  at  least  six  months. 

With  reference  to  the  inhabitants  of  independent  precincts  of 
castle  or  manor  the  requirements  for  the  franchise  in  the  electoral 
districts  to  which  they  belong  shall  be  in  force. 

Sec.  8.  Everyone  shall  be  eligible  to  membership  in  the  Diet  who 
possesses  the  aforesaid  general  requirements  in  section  2  and  who 
belongs  to  that  class  of  voters  from  which  the  election  is  made. 

Active  State  officials  must  have  consent  of  the  Prince  in  order  to 
accept  the  election.^ 

1  The  present  wording  according  to  the  law  of  March  1,  1890  (vol.  13,  p.  333). 

-  In  place  of  this  is  now  to  be  inserted  the  definition  of  merchant  in  the  Commercial 
Code  of  May  10,  1897  (sec.  1,  par.  1).  Cf.  here  Jantsch  "  Der  AttJtaltische  Landtag," 
p.  9,  note  4. 

3  The  present  wording  according  to  the  law  of  May  19,  1895  (vol.  14,  p.  531).  In  the 
election  law  of  1872  it  was  only  demanded  that  each  voter  comply  with  sec.  2  and  not 
belong  to  the  most  heavily  taxed  class  (sees.  3  and  4)  and  that  he  must  have  his  resi- 
dence within  electoral  district  at  the  time  of  posting  the  electoral  register. 

*  Cf.  the  laws  of  May  26,  1882,  April  12,  1890,  and  June  20,  1904  (vol.  10,  p.  463  ; 
vol.  13,  p.  375;  vol.  18,  p.  163).  According  to  these  anyone  is  eligible  who  possesses  a 
residence  or  pieces  of  property  in  the  community  district  which,  are  assessed  for  fixed 
taxes  of  45  pfennigs  at  least,  or  whoever  is  assessed  for  a  classified  income  tax  and, 
very  explicitly,  with  at  least  a  total  of  30  pfennigs  in  the  cities  or  15  pfennigs  /in 
villages.  The  total  tax  is  15  pfennigs  for  an  income  of  600  to  750  marks  and  30 
pfennigs  for  an  income  of  1,050  to  1,200  marks. 

5  An  official  who  is  a  member  of  the  Diet  needs  no  leave  of  absence  for  participation 
in  the  transactions  of  the  Diet ;  a  notary  needs  no  leave  of  absence  for  entrance  into  the 
Diet. 

92975—19 3 


34  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

With  the  expiration  of  eligibility  to  vote,  the  eligibility  to  the 
Diet  expires  also. 

Sec.  0.^  All  elections  shall  proceed  by  secret  ballot  and  according 
to  absolute  majority  of  votes  cast.  For  the  purpose  of  the  election 
of  delegates  for  cities  and  for  lowlands  (sec.  1,  nos.  4  and  5)  the 
voters  shall  choose  deputies  from  their  own  number,  one  deputy  for 
each  25  to  30  voters.    Delegates  are  elected  by  the  deputies. 

Sec.  10.  More  detailed  directions  concerning  the  division  of  the 
primary  election  districts  for  cities  and  lowlands,  the  publication  of 
election  lists,  as  well  as  the  whole  election  proceedings,  shall  be  de- 
cided by  an  order  given  out  by  the  State  Ministry,  which  order  is 
to  be  submitted  with  a  view  to  legal  adjustment  to  the  Diet  assembling 
on  the  basis  of  this  law.'-  In  the  decree  of  this  order,  the  State  Min- 
istry shall  take  as  a  basis  the  directions  for  the  proceedings  of  the 
German  Reichstag. 

Sec.  11.  All  members  of  the  Diet  in  their  proceedings  and  voting 
shall  keep  before  their  eyes  solely  the  welfare  and  good  of  the  entire 
country  without  consideration  of  the  interests  of  any  special  locality, 
rank,  or  class,  and  they  are  not  bound  by  directions  and  instructions. 

Secs.  12-15.  [Abolished  by  laAv  of  January  24,  1876.] 

Sec.  16.  All  provisions  of  the  Provincial  Law  and  of  law  no.  264 
which  are  at  variance  with  the  above  provisions  are  hereby  repealed. 

Sec.  17.  The  present  laAv  shall  become  valid  on  October  1,  1872, 
8nd  a  new  Diet  period  shall  begin  on  November  14,  1872. 

Signed  with  our  own  hand  and  provided  with  the  ducal  seal. 

So  done  at  Dessau  on  the  10th  dav  of  Februarv,  1872. 

I  L.S.I  '  FRIEDRICH. 

Duke  of  A'nhalt. 
v.  Lariscii. 

1  The  present  wording,  according  to  the  law  of  May  19,  1895  (vol.  14,  p.  531, 
article  2). 

2  The  law  accordingly  given  out  dates  from  January  3,  1873  (vol.  6,  p.  141).  Conform- 
ably to  this,  the  district  of  Dessau  elects  four,  the  districts  of  Zerbst  and  Bernburg  each 
three,  the  districts  of  Cothen  and  Ballenstedt  each  two  municipal  delegates.  Furthermore, 
two  rural  delegates  are  elected  in  each  of  the  five  districts.  The  cities  and  the  villages 
conduct  their  own  elections  (sec.  1).  The  elections  are  indirect — absolute  majority  is 
necessary. 


BADEN.^ 

CONSTITUTION  OF  AUGUST  22,  1818. 
[preamble.] 

Carl,  by  the  grace  of  God,  Grand  Duke  of  Baden,  Duke  of 
Zahringen,  Landgrave  of  Nellenburg,  Count  of  Hanau,  etc. 

In  the  year  1816,  when  we  once  more  announced  to  our  subjects 
our  intention  to  give  a  representative  constitution  to  our  Grand 
Duchy,  we  cherished  the  wish  and  the  hope  that  all  members  of  the 
(Jerman  Confederation  would  agree  upon  a  substantial  and  invaria- 
ble basis  for  the  institution,  which  has  been  promised  all  the  peoples 
of  Germany,  and  that  each  single  State,  having  regard  to  existing 
conditions,  would  attend  to  its  own  peculiar  needs  only  in  the  develop- 
ment of  the  principles  establishexi  by  the  Diet  of  the  German  Con- 
federation. 

As,  however,  according  U:  the  hist  votes  passed  upon  this  subject 
in  the  Diet  of  the  German  Confederation,  the  pefiod  can  not  yet  be 
Jefinitelj^  foreseen  when  the  formation  of  the  representative  Consti- 
tution may  become  the  subject  of  common  deliberation,  we  consider 
ourselves  bound  now  to  carry  into  effect  the  assurance  given  by  us 
to  our  subjects,  in  the  way  and  manner  corresponding  Avith  our  firm, 
free,  and  deep  conviction. 

Penetrated  by  the  most  si;ncere  desire  of  drawing  still  closer  the 
bonds  of  confidence  existing  between  us  and  our  people,  and  of 
bringing  all  our  political  institutions  to  a  higher  degree  of  perfection 
in  the  way  pointed  out  in  these  presents,  we  have  granted  the 
following  Constitution,  and  hereby  solemnly  promise,  in  our  own 
name,  and  in  that  of  our  successors,  to  maintain  it,  and  cause  it  to 
be  maintained  faithfully  and  conscientiously. 

I.  THE   (iKAND  DVCHY   AND  THE   GOVERNMENT  IN    GENERAL. 

Section  1.  The  Grand  Duchy  forms  a  constituent  part  of  the  Ger- 
man Confederation. 

Sec.  2.  All  organic  decrees  of  the  Diet  of  the  German  Confedera- 
tion, which  concern  the  constitutional  relations  of  Germany,  or 
the  relations  of  German  citizens  in  general,  form  a  part  of  the  pub- 
lic law  "of  Baden,  and  shall  be  binding  for  all  classes  of  subjects,  after 
the  same  shall  have  been  proclaimed  by  the  head  of  the  Government. 

Sec.  3.  The  Grand  Duchy  is  indivisible  and  inalienable  in  all  its 
parts. 

^  Translation  by  Richard  Jente  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
Handbuch  der  Deutschen  Verjaasungen,  pp.  76-82. 

35 


36  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Sec.  4.  The  supreme  Government  of  the  Grand  Duchy  is  hereditary 
in  the  grand  ducal  family,  according  to  the  provisions  of  the  decla- 
ration of  October  4,  1817;  which  declaration,  as  the  basis  of  the 
family  code,  forms  an  essential  constituent  part  of  the  Constitution, 
and  is  to  be  considered  as  verbally  adapted  in  the  present  Constitu- 
tion. 

Sec.  5.  The  Grand  Duke  unites  in  himself  all  the  prerogatives  of 
executive  power,  and  exercises  them  under  the  provisions  contained 
in  the  present  Constitution. 

His  person  is  sacred  and  inviolable. 

Sec.  6.  The  Grand  Duchy  has  a  representative  Constitution. 

II.    THE  CIVIL  AND  POLITICAL  RIGHTS  OF  THE  PEOPLE  OF  BADEN,  AND 
ESPECIAL  GUARANTEES. 

Sec.  7.  The  civil  rights  of  the  people  of  Baden  are  equal  in  every 
respect,  where  the  Constitution  does  not  particularly  and  expressly 
establish  an  exception. 

The  grand  ducal  Ministers  of  State,  and  all  servants  of  the  Gov- 
ernment, are  responsible  for  their  strict  observance  of  the  Constitu- 
tion. 

Sec.  8.  All  the  people  of  Baden  contribute,  without  distinction,  to 
all  public  burdens.  All  exemptions  from  direct  or  indirect  taxes  are 
repealed.    • 

Sec.  9.^  All  citizens  have  equal  claim  to  all  civil  and  military  ap- 
pointments, and  ecclesiastical  offices  of  their  confession,  without  dis- 
tinction of  religion. 

All  foreigners  on  whom  we  confer  an  office  of  State  obtain  natur- 
alization immediately  by  this  conferment. 

Sec.  10.  Differences  in  birth  and  religion  shall  not  establish  any 
exemption  from  military  service,  except  in  favor  of  those  mediatized 
noble  families,  which  are  exempted  by  the  act  of  the  German  Con- 
federation. 

Sec.  11.  An  appropriate  scale  of  settlement  shall  be  regulated  fey 
law  for  the  redemption  of  all  socage  fees  and  duties  already  de- 
clared redeemable,  and  all  assessments  arising  from  the  repeal  of 
personal  bondage. 

Sec.  12.  The  law  of  August  14,  1817,  respecting  the  freedom  to 
emigrate,  shall  be  considered  as  an  essential  part  of  the  Constitution. 

Sec.  13.  The  property  and  personal  freedom  of  the  people  of 
Baden  are  placed  under  the  protection  of  the  Constitution  in  equal 
manner  for  all. 

Sec.  14.  The  courts  are  independent,  within  the  limits  of  their 
jurisdiction. 

All  verdicts  in  civil  cases  must  proceed  from  the  ordinary  courts. 

1  Law  of  February  17,  1849. 


CONSTITUTION   OF  BADEN.  ^7 

The  grand  ducal  State  Attorney  proceeds  at  law  before  the  pro- 
vincial courts  in  all  disputes  arising  out  of  matters  invohdng  private 
right. 

No  one  can  be  compelled  to  surrender  up  his 'property  for  public 
purposes,  except  after  the  deliberation  and  decision  of  the  Ministry 
of  State  and  after  previous  indemnification. 

Sec.  15.  In  criminal  affairs  no  man  can  be  deprived  of  his  regular 
judge. 

No  num  can  be  arrested  otherwise  than  according  to  legal  form 
nor  detained  more  than  48  hours  in  prison  without  a  hearing  upon 
the  grounds  of  his  arrest. 

The  Grand  Duke  can  mitigate  or  entirely  remit  punishments  pro- 
nounced but  can  not  aggravate  them. 

Sec.  16.  All  confiscations  ,of  property  shall  be  abolished. 

Sec.  17.  The  freedom  of  the  press  shall  be  exercised  according  to 
the  future  regulations  of  the  Diet  of  the  German  Confederation. 

Sec.  18.  Every  inhabitant  enjoys  undisturbed  freedom  of  con- 
science, and  equal  protection,  with  respect  to  his  religious  worship. 

Sec.  19.^  The  political  rights  of  all  religious  denominations  are 
equal. 

Sec.  20.  Ecclesiastical  property,  and  the  particular  property  and 
revenues  of  foundations,  and  institutions  for  education  and  charita- 
ble purposes,  can  not  be  diverted  from  their  object. 

Sec.  21.  The  endowments  of  both  universities  of  Baden  and  other 
high  institutions  of  learning,  whether  consisting  of  estates  and  reve- 
nues and  enjoyed  by  right,  or  of  grants  from  the  public  treasury, 
shall  njot  be  abolished. 

Sec.  22.  Every  obligation  of  the  State  to  its  creditors  is  inviolable. 

The  establishment  of  the  sinking  fund  shall  be  maintained  in  its 
present  system. 

Sec.  23.  The  privileges  which  were,  by  the  Edict  of  April  23,  1818, 
granted  to  the  former  Estates  of  the  Empire  and  members  of  the 
former  immediate  Imperial  knighthood,  belonging  to  the  Grand 
Duchy,  form  an  essential  part  of  the  Constitution). 

Secs.  24-25.  [Eepealed  by  section  147,  clause  1,  of  the  law  of  July 
24,  1888,  regarding  Government  Officials.] 

III.   THE   ASSEMBLY   OF  THE  ESTATES,   OR   DIET THE   RIGHTS   AND   DUTIES 

OF   ITS    MEMBERS. 

Sec.  26.  The  Estates  are  divided  into  two  Chambers. 
Sec.  27.^  The  First  Chamber  consists  of : 

(1)  The  princes  of  the  Grand  Ducal  House; 

(21  The  heads  of  the  mediatized  noble  families; 

1  Law  of  February  17,  1849.  2  Law  of  August  24,  1904. 


38  CONSTITUTIONS  OF  THE  GERMAN  STATES. 

(3)  The  Catholic  Bishop  of  the  Grand  Duchy,  and  the  prelate 
of  the  Protectant  Church  of  the  Grand  Duchy ; 

(4)  Eight  deputies  of  the  landed  nobility; 

(5)  One  deputy  from  each  of  the  three  highest  institutions  of 
learning ; 

(6)  Six  deputies  elected  by  the  legally  organized  occupational 
corporations,  namely,  three  from  the  Chambers  of  Commerce, 
two  from  the  Chamber  of  Agriculture,  and  one  from  the  Cham- 
ber of  Labor; 

(T)  Two   chief   burgomasters   of   cities   included   under   the 
Municipal  Corporation  Act,  one  burgomaster  from  any  other 
city  with  more  than  3,000  inhabitants,  and  one  member  from 
one  of  the  district  boards ;  the  chief  burgomasters  and  the  burgo- 
master shall  be  elected  by  the  members  of  the  city  councils  and 
the  common  councils,  and  the  member  from  a  district  board  by 
all  the  members  of  the  district  boards  of  the  Grand  Duchy ; 
(8)  Persons  named  members  by  the  Grand  Duke. 
Sec.  28.^  The  princes  of  the  Grand  Ducal  House  and  the  mediatized 
nobles  take  their  seats  in  the  Assembly  upon  becoming  of  age.    With 
respect  to  those  mediatized  noble  families  which  are  divided  into 
several  branches,  the  head  of  each  branch  possessing  a  suitable  lord- 
ship is  a  membei!'  of  the  First  Chamber. 

By  decision  of  the  Grand  Duke,  the  hereditary  right  of  membership 
in  the  First  Chamber  (hereditary  dignity  of  membership  to  the  Diet) 
can  be  conferred  upon  the  heads  of  noble  families  whose  landed  pos- 
sessions situated  in  the  Grand  Duchy  and  recognized  as  family 
estates,  hereditary  under  the  law  of  primogeniture  and  lineal  descent, 
are  appraised  at  a  minimum  of  one  million  marks  after  a  deduction 
of  the  encumbrances  in  the  register  of  direct  assessment.  If  the  pre- 
requisites of  conferment  cease  to  exist,  the  hereditary  dignity  of 
membership  to  the  Diet  shall  expire. 

If  a  person  is  commissioned  guardian  of  the  owner  of  a  mediatized 
estate  w^ho  is  a  minor  or  is  incapacitated  because  of  mental  derange- 
ment, he  may,  if  he  is  an  agnate  of  the  family,  exercise  membei*ship 
in  the  First  Chamber  in  place  of  his  ward. 

If  the  head  of  a  mediatized  family  is  prevented  in  the  exercise  of 
membership  through  reasons  other  than  those  designated  in  para- 
graph 3,  he  may  intrust  an  agnate  as  proxy  with  the  exercise  of 
membership  for  the  duration  of  the  session.  The  appointment  of  the 
proxy  must  be  reported  in  writing  to  the  president  of  the  First 
Chamber,  and  if  the  Diet  is  not  assembled,  to  the  president  of  the 
Ministry  of  State. 

Sec.  29.^  All  the  noble  proprietors  or  joint  proprietors  of  an  estate 
in  the  Grand  Duchy  which  in  1806  bore  the  character  of  immediacy 

1  Law  of  August  24,  1904. 


CONSTITUTION    OF   BADEN.  39 

to  the  Emperor  of  the  German  Empire,  or  the  ri^ht  of  ])atrimoni}il 
jurisdiction,  are  entitled  to  vote  at  the  election  of  deputies  of  the 
landed  nobility. 

By  decision  of  the  (xrand  Duke  the  hereditary  right  of  j^articipa- 
tion  in  the  election  of  the  deputies  of  the  landed  nobility  can  be 
conferred  upon  the  landed  nobles  whose  landed  possessions,  situated 
in  the  Grand  Duchy,  and  recognized  as  family  estates,  hereditary 
under  the  law  of  primogeniture  and  lineal  descent,  are  a]:>praised  at 
at  least  200,000  marks  after  the  deduction  of  the  encumbrances  in  the 
register  of  direct  assessments.  If  the  jn-erequisites  of  conferment 
cease,  the  right  shall  expire. 

Sec.  80.^  In  default  of  the  Catholic  Bishop  of  tlie  (Irand  Duchy, 
the  administrator  of  the  bishopric  takes  his  place  in  the  First 
Chamber. 

Sec.  31.^  The  (xrand  Duke  shall  appoint  to  the  First  Chamber: 

(1"^  Two  higher  court  officials; 

(2)  Further  members,  without*  respect  to  ])ositi(;p.  ;ind  birth; 
however,  not  more  than  six. 

Sec.  32.^  The  two  higher  court  officials  are  appointed  for  thcv  dura- 
tion of  their  period  of  office.  Besides  this,  the  appointment  of  the 
members  named  by  the  (Jrand  Duke,  and  also  the  election  of  the  dep- 
uties of  the  landed  nobility,  the  higher  institutions  of  learning,  the 
occupational  corporations,  and  the  cities  and  districts  shall  bo  for 
the  four-year  diet  period. 

Sec.  32<2.^  Only  such  persons  are  eligible  to  vote  at  the  election  of 
members  designated  in  section  27,  clauses  4  to  7,  who  possess  the  citi- 
zenship of  Baden,  who  have  their  fixed  residence  in  the  Grand  Duchy, 
who  are  at  least  25  years  of  age,  and  who  are  not  disqualified  by  any 
of  the  reasons  designated  in  section  35. 

The  persons  eligible  to  vote  at  these  elections  are  also  eligible  for 
election,  if  they  have  passed  their  thirtieth  year.  The  suspension  of 
sujffrage,  according  to  section  35,  clause  4,  does  not  exclude  eligibility 
to  election.  The  proxies  designated  in  section  28  must  also  meet  these 
prerequisites  of  eligibility  to  election. 

Besides  this,  in  the  election  of  deputies  from  the  higher  institu- 
tions of  learning  the  eligibility  to  a  ote  is  limited  to  the  full  professors 
of  the  institution  in  question,  and,  in  the  election  of 'the  landed  no- 
bility eligibility  to  election  is  limited  to  those  eligible  to  vote  ac- 
cording to  section  29. 

Sec.  32 &.^  If  a  person  is  a  member  of  the  Second  Chamber  he  can 
not  take  a  seat  as  member  of  the  First  Chamber. 

iLaw  of  August  24,  1904. 


40  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

If  a  member  of  the  First  Chamber  accepts  election  as  deputy  to 
the  Second  Chamber  his  membership  in  the  First  Chamber  auto- 
matically ceases. 

Sec.  33.^  Tlie  Second  Chamber  consists  of  73  deputies.  The  dep- 
uties shall  be  elected  by  general,  direct,  and  secret  vote,'  each  in  a  par- 
ticular election  district. 

Sec.  34.^  Male  persons  over  25  years  of  age.  who  at  the  time  of 
election  have  a  fixed  residence  in  the  Grand  Duchy,  and  have  pos- 
sessed the  citizenship  of  Baden  at  least  one  year,  are  eligible  to  vote  at 
the  election  of  deputies  to  the  Second  Chamber.  However,  a  one- 
year  possession  of  the  citizenship  of  Baden  is  sufficient,  if  the  resi- 
dence in  the  Grand  Duchy  has  continued  at  least  one  year  immedi- 
ately before  the  election.- 

Sec.  35.^  The  right  of  suffrage  is  suspended : 

(1)  If  the  person  eligible  to  vote  is  under  guardianship  or 
under  attention  because  of  mental  derangement; 

(2)  During  the  course  of  bankruptcy  proceedings,  if  such 
have  been  begun  against  the  property  of  the  person  eligible  to 
vote ; 

(3)  If  the  person  eligible  to  vote  is  receiving  or  has  received 
poor  relief  from  the  public  treasury  during  the  year  preceding 
the  election,  excepting  in  case  of  a  temporary  misfortune;  ex- 
emption from  payment  of  fees  due  for  attending  public  institu- 
tions of  learning,  and  the  gratuitous  supply  of  the  meany  of 
instruction  necessary  for  the  students  of  such  institutions  is  not 
considered  as  poor  relief; 

(4)  If  the  person  eligible  to  vote  is  in  arrears  with  the  pay- 
ment of  a  direct  tax  incumbent  upon  him  toward  the  State  or  a 
community  for  the  preceding  tax  year,  in  case  he  has  received 
seasonable  warning,  but  has  not  been  granted  respite  for  pay- 
ment. 

Sec.  36.^  All  citizens  eligible  to  vote  are  eligible  for  election,  ex- 
cept those  w^ho  at  the  time  of  election  have  not  yet  com]3leted  their 
thirtieth  year,  or  to  whom  section  35,  clauses  1  to  3,  apply. 

The  heads  and  the  officials  of  the  district  government  offices,  of  the 
district  courts,  and  of  the  notary  offices,  as  well  as  of  the  district 
boards  for  administrating  taxes,  customs,  domains,  forests;  the  con- 
struction of  State  buildings,  waterworks,  highways,  and  railroads; 
the  district  physicians  and  veterinarians,  and  the  local  clergymen  are 
not  eligible  to  election  in  an  election  district  to  which  their  official 
district  belongs  in  whole  or  in  part. 


iLaw  of  August  24,  1904. 

2  Cf.  article  8,  clause  1,  of  the  law  of  August  24.  1904,  which  reads:  "Persons  who 
have  acquired  the  citizenship  of  Baden  before  .January  1,  1905,  or  have  talien  up 
their  residence  in  the  Grand  Duchy  are  eligible  to  vote  at  elections  talking  place  in 
the  course  of  the  year  1905,  even  if  the  possession  of  the  citizenship  of  Baden,  or  If 
their  residence,  has  not  continued  for  the  duration  designated  in  sec.  34." 


CONSTITUTION   OF  BADEN.  41 

Srx\  37.^  All  deputies  of  the  Second  Chamber  shall  be  newly 
elected  in  periods  of  four  years  (Diet  periods). 

The  periodic  election  shall  take  place  simultaneously  for  all  dep- 
uties, on  a  day  to  be  appointed  b^^  the  Grand  Duke. 

A  j:)erson  ceases  to  be  a  Deputy  after  four  years  have  elapsed  since 
the  day  of  the  periodic  new  election. 

Sec.  38.^  Besides  these,  other  provisions  regarding  the  exercise  of 
the  riofhts  of  election  of  deputies  to  the  two  Chambers,  especially  re- 
/Dfarding  the  election  districts  and  the  process  of  election,  will  be  de- 
creed by  special  laws. 

^EC.  39.^  Membership  in  the  Diet  established  by  election,  by  ap- 
pointment, or  by  nomination  as  proxy,  can  be  renounced  b}^  a  written 
declaration.  This  is  to  be  delivered  before  an  assembled  Diet,  to  the 
president  of  the  Chamber  in  question,  otherwise  to  the  president  of 
the  Ministry  of  State.  Eetraction  of  such  legally  declared  renun- 
ciation shall  not  take  place. 

If  the  connection  of  an  elected  or  appointed  member  of  the  Diet 
is  severed  by  death,  by  renunciation,  or  by  the  cessation  of  one  of  the 
prerequisites  decisive  for  eligibility,  the  membership  of  his  proxy 
in  the  Diet  ceases  at  the  time  when  the  original  deputy  would  have 
lost  his  membership,  if  the  particular  facts  mentioned  above  have 
not  occurred. 

Sec.  40.^  Members  of  the  Diet  whose  term  of  service  has  expired 
are  eligible  for  reelection  if  at  the  time  of  election  the  legal  pre- 
requisites of  eligibility  exist. 

Sec.  40r/.2  If  fi  member  of  a  Chamber  appointed  by  election  ac- 
cepts a  salaried  government  office,  or  enters  an  office  of  government 
service  with  which  there  is  connected  a  higher  rank  or  a  higher  salary, 
he  loses  his  seat  and  voice  in  the  Chamber  and  can  regain  his  position 
only  by  a  new  election. 

Sec.  41.  Each  Chamber  decides  upon  the  disputed  elections  of  its 
own  members. 

Sec.  42.  The  Grand  Duke  convokes,  prorogues,  and  can  dissolve 
the  Chambers.     , 

Sec.  43.^  As  a  consequence  of  the  dissolution  of  the  Diet,  all  the 
members  elected  or  appointed  to  it  lose  their  membership  for  the 
given  Diet  period. 

Sec.  44.  Should  the  dissolution  take  place  while  a  question  is  un- 
der discussion,  a  new  election  must  follow  within  a  period  of  three 
months  at  the  latest. 

Sec.  45.-  The  Grand  Duke  appoints  the  president  of  the  First 
Chamber  for  each  Diet ;  the  Second  Chamber  chooses  its  own  presi- 
dent. 

'Law  of   August   24,    1904,  2  Law   of  December  PA,    1869. 


•i2  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

Sec.  46.  The  Diet  must  meet  every  two  years. 

Sec.  47.  The  members  of  neither  of  the  Chambers  can  vote  by 
proxy. 

Sec.  48.  The  members  are  summoned  to  vote  on  the  subjects  per- 
taining to  their  deliberations  according  to  their  own  conviction. 
They  may  receive  no  instructions  from  their  constituents. 

Sec.  48«.^  No  member  of  either  Chamber  can  be  taken  to  account 
for  his  voting  or  for  his  utterances  at  discussions  in  the  Chamber^ 
delegations,  or  commissions,  except  in  accord  with  the  rules  of  the 
Chamber. 

Accurate  reports  of  the  transactions  in  the  public  meetings  of  both 
Chambers  shall  be  free  from  all  responsibility. 

Sec.  49.  During  the  sitting  of  the  Diet  no  member  can  be  ar- 
rested without  the  express  permission  of  the  Chamber  to  which  he 
belongs,  except  in  the  act  of  committing  a  criminal  offense. 

Sec.  50.  The  Diet  can  entertain  only  those  subjects  which  are 
assigned  to  it  by  the  present  Constitution,  or  are  specially  brought 
under  its  consideration  by  the  Grand  Duke. 

Sec.  51.  A  committee,  of  the  Diet  shall  be  formed  of  the  president 
holding  office  in  the  last  session,  of  three  members  of  the  First 
Chamber,  and  six  of  the  Second  Chamber.  The  business  of  this 
committee  is  limited  to  the  cases  expressly  mentioned  in  the  present 
act,  or  to  subjects  referred  to  it  from  the  last  Diet,  with  the  consent 
of  the  Grand  Duke. 

This  committee  shall  be  chosen  before  the  close  of  the  Diet  and 
before  every  prorogation  thereof,  in  both  Chambers,  by  a  relative 
majority  of  votes.  The  dissolution  of  the  Diet  includes  the  dissolu- 
tion of  the  committee  also,  even  though  just  appointed. 

Sec.  52.  The  Chambers  can  neither  assemble  of  their  own  accord 
nor  continue  their  sittings  and  deliberate  after  their  dissolutijon  or 
prorogation. 

IV.   THE   AUTHORITY  OF  THE   DIET. 

Sec.  53.  No  tax  can  be  imposed  or  levied  without  the  consent  of  the 
Chambers. 

Sec.  54.  The  law  imposing  taxes  will  be  regularly  j^assed  for  two 
years.  Such  duties,  however,  as  are  directly  connected  with  con- 
tracts concluded  for  a  longer  period  can  undergo  no  alteration  before 
the  expiration  of  such  contracts. 

Sec.  55.  Together  with  the  bill  of  the  revenue  law,  there  will  be 
submitted  the  State  budget  and  a  detailed  survey  of  the  application 
of  the  sums  granted  for  the  previous  years.  No  items  shall  be  in- 
cluded therein  for  secret  expenditures  without  a  written  assurance 
from  the  Grand  Duke,  countersigned  by  a  member  of  the  Ministry  of 

>  Law  of  October  21.  1867. 


CONSTITUTION   OF   BADEN.  48 

State,  that  the  sums  have  been  or  shall  be  applied  for  the  real  inter- 
ests of  the  State. 

Sec.  56.  The  Chambers  can  not  grant  taxes  conditionally. 

Sec.  57.  No  loan  can  be  legal  without  the  concurrence  of  the  Cham- 
bers, except,  however,  those  loans  by  which  certain  fixed  receipts 
to  meet  an  approved  expenditure,  and  those  revenues  of  the  sinking 
fund  are  anticipated,  to  which,  according  to  its  fundamental  laws, 
it  is  entitled. 

In  cases  of  extraordinary,  unforeseen,  and  urgent  State  need  lor 
funds,  the  amount  of  which  may  not  be  equivalent  to  the  expense 
of  an  extraordinary  session  of  the  Chambers,  and  for  which  the 
vote  of  credit  by  the  Chambers  would  not  be  sufficient,  the  consent 
of  the  majority  of  the  committee  will  suffice  to  render  the  loan  legal. 
The  necessary  proceedings  must  be  referred  to  the  next  Diet. 

Sec.  58.  No  domains  can  be  alienated  without  the  consent  of  the 
Chambers.  Such  alienations,  however,  are  excepted,  as  have  been 
already  concluded,  for  the  liquidation  of  debts;  the  redemption  of 
fiefs,  hereditary  dues;  ground  rents,  and  socage  service;  the  sales 
of  unnecessary  buildings,  and  of  estates  (with  revenues  derived 
from  them),  which  are  situated  in  the  neighboring  States;  and  fur- 
ther, such  alienations  as  have  been  made  with  a  view  to  State  econ- 
omy, the  promotions  of  agriculture,  or  the  abolition  of  a  prejudicial 
management  peculiar  thereto.  The  balance  of  the  sums  received 
must  be  applied  to  new  acquisitions,  or  paid  over  to  the  fund  for  the 
liquidation  of  debts,  in  order  to  receive  intei*est  thereon. 

Exchanges  and  alienations,  effected  for  the  purpose  of  putting  an 
end  to  a  lawsuit,  commenced  with  reference  to  property  or  services, 
are  excepted ;  as  is  also  the  renewal  of  fiefs  during  the  reign  of  the 
Sovereign  to  whom  they  revert. 

Since  the  object  of  the  Pragmatic  Sanction,  of  October  1,  1806, 
and  November  18,  1808,  with  reference  to  the  debts  and  alienations 
of  the  State,  has  been  completely  attained  by  the  present  and  preced- 
ing articles,  the  obligation  of  said  Pragmatic  Sanction  shall  cease 
upon  the  day  when  the  representative  Constitution  comes  into  effect. 

Sec.  59.  The  domains,  according  to  the  general  and  acknowledged 
principles  of  the  rights  of  States  and  princes,  are  indisputably  the 
patrimonial  property  of  the  Sovereign  and  his  family,  and  we,  by 
virtue  of  our  authority  over  them,  as  head  of  the  family,  do  hereby 
expressly  confirm  them  to  be  so ;_  nevertheless,  we  will  surrender, 
for  the  purpose  of  reducing  the  burdens  of  the  State,  the  returns 
of  the  same,  with  the  exception  of  the  civil  list  engrafted  upon  them, 
and  the  other  charges  payable  therefrom,  so  long  as  we  are  pre- 
vented by  the  state  of  the  finances  from  relieving  our  subjects  ac- 
cording to  our  sincerest  wishes. 


44  CONSTITUTIONS   OF   THE  GERMAN  STATES. 

The  civil  list  can  not  be  increased  without  the  consent  of  the  Cham- 
bers, nor  diminished  without  the  permission  of  the  Grand  Duke. 

Sec.  60.1  jj^g  following  bills  relating  to  finance  shall,  in  the  first 
instance,  be  submitted  to  the  Second  Chamber : 

(1)  Attestations  regarding  the  fulfilment  of  State  expenses 
and  State  income  (the  attestation  of  accounts),  and  statements 
comprising  the  budget  items  with  the  results  of  the  accountg; 

(2)  Bills  making  permanent  proAisions  regarding  the  admin- 
istration of  the  State  expenses  and  State  income,  or  concerning 
direct  or  indirect  State  taxes; 

(3)  The  Bill  of  the  Finance  Act  (Revenue  Law,  sees.  54  and 
55),  besides  the  State  estimate  (State  budget),  and  other  bills 
regarding  the  determination  of  assessments  for  the  budget 
period;  the  alienation,  charging,  or  application  of  State  prop- 
erty or  domains ;  the  issuing  of  loans,  the  assumption  of  security 

,  by  the  State,  or  other  State  obligations  of  similar  nature. 

Sec.  61.1  After  the  Second  Chamber  has  decided  upon  bills  desig- 
nated in  section  60,  clause  1,  a  decision  shall  take  place  in  the  First" 
Chamber. 

Only  after  the  Second  Chamber  has  accepted  bills  designated  in 
section  60,  clauses  2  and  3.  shall  the  First  Chamber  decide  them,  but 
without  prejudice  to  the  right  of  the  latter  to  decide  individual  parts 
of  the  State  budget  separately,  as  soon  as  the  decision  of  the  Second 
Chamber  has  been  made  on  these  points. 

If,  in  respect  to  individual  items  of  the  State  estimate  (State  bud- 
get), the  decisions  of  the  First  Chamber  differ  from  those  of  the 
Second  Chamber,  and  if,  after  repeated  decisions  of  both  Chambers, 
and  previous  attempts  at  an  agreement  according  to  section  75,  para- 
graph 2,  a  settlement  of  differences  can  also  not  be  attained,  these 
items  shall  be  entered  in  the  estimate  attached  to  the  Finance  Act 
in  such  way  as  the  Second  Chamber  has  consented  to  at  the  final 
decision. 

If  the  First  Chamber  should  entirely  reject  a  bill  of  the  nature 
designated  in  section  60,  clause  3,  which  has  been  accepted  by  the 
Second  Chamber,  the  Government  or  the  Second  Chamber  may  re- 
quest a  united  vote  of  both  Chambers  to  decide  whether  the  bill  shall 
be  accepted  in  the  form  given  it  by  the  Second  Chamber. 

Sec.  62.  Old  and  extraordinary  taxes  may  be  continued  for  six 
months  after  the  stipulated  time,  if  the  Diet  be  dissolved  before  a 
new  budget  can  be  presented  or  if  its  deliberations  be  delaj^d. 

Sec.  63.  During  preparations  for  war  or  while  a  war  is  being  car- 
ried on  the  Grand  Duke,  for  the  speedy  and  effectual  fulfilment  of 
his  duties  toward  the  German  Confederation,  and  even  before  he  has 

1  Law  of  August  24,  1904. 


CONSTITUTION   OF   BADEN.  45 

obtained  the  consent  of  the  Diet,  may  legally  levy  State  loans  or  war 
taxes.  In  such  case  the  Diet  will  exercise  a  greater  influence  and  co- 
operation in  the  administration  in  this  manner: 

1.  The  committee,  which  is  to  be  immediately  assembled,  may 
delegate  two  members  to  the  Ministries  of  Finance  and  War  and 
one  commissioner  to  the  war  treasury, 'in  order  to  see  that  the 
money  raised  for  the  war  is  actually  and  exclusively  applied  to 
that  object,  and  that— 

2.  It  will  appoint  as  many  members  to  the  war  commission, 
which  is  to  be  organized  with  reference  to  the  war  supplies  of 
every  description,  as  the  Grand  Duke  shall  propose,  exclusive 
of  the  directors,  for  the  direction  of  the  marching,  provisioning, 
and  distribution  of  the  forces.  The  committee  shall  have  the 
further  power  to  delegate,  for  the  same  object,  to  each  provincial 
authority  two  members  chosen  from  among  the  deputies  of  the 
Diet  who  may  reside  in  the  district. 

Sfx.  64.  No  law  which  remedies  any  defect  in  the  Constitution  or 
which  explains  or  amends  it  can  be  passed  without  the  consent  of  a 
majority  of  two- thirds  of  the  members  present  in  each  of  the  two 
Chambers. 

Seg.  65.  For  all  other  proposed  general  laws  affecting  the  freedom 
of  persons  or  the  property  of  subjects  of  the  State  or  for  the  altera-  . 
tion  or  authentic  interpretation  of  existing  laws  the  consent  of  an 
absolute  majority  in  each  of  the  two  Chambers  is  requisite. 

Sec.  65(9!.^  The  right  to  propose  laws  belongs  to  the  Grand  Duke, 
as  well  as  to  each  of  the  Chambers. 

Sec.  66.  The  Grand  Duke  ratifies  and  promulgates  the  laws  and 
issues,  by  virtue  of  his  right  of  supreme  superintendence  and  man- 
agement, the  directions,  regulations,  and  ordinances  necessary  for 
the  fulfilment  and  observance  of  them,  as  well  as  all  those  required 
generally  for  the  safety  of  the  State.  He  issues  those  ordinances 
also  which,  although  they  should  by  their  nature  be  considered  by  the 
Diet,  are  urgently  required  for  the  good  of  the  State,  and  the  tempo- 
rary object  of  which  would  be  frustrated  by  delay. 

Sec.  67.2  ^j^^  Chambers  have  the  right  to  make  protests  and  com- 
plaints. Ordinances  containing  regulations,  which  the  Chambers 
consider  as  offending  their  right  of  consent  shall,  upon  their  adducing 
well-founded  complaints,  be  immediately  rendered  ineffectual.  On 
stating  grounds  to  the  Grand  Duke  they  can  solicit  the  proposal  of  a 
law.  They  have  a  right  to  point  out  to  the  Government  abuses  in 
the  administration  which  come  within  their  knowledge. 

Complaints  of  individual  citizens  concerning  the  violation  of  their 
constitutional  privileges  can  not  be  received  by  the  Chambers  except 
in  writing,  and  can  not  then  be  accepted  unless  the  complainant  shall 

1  Law  of  December  21,  1869.  '  Law  of  February  20,  1868. 


46  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

prove  thiit  he  has  in  vain  appealed  for  redress  to  the  proper  local 
jurisdictions  and  lastly  to  the  Ministry  of  State. 

The  Second  Chamber  is  alone  empowered  to  deal  with  complaints 
containing  the  accusation  of  a  violation  of  the  Constitution  or  con- 
stitutional rights.  The  First  Chamber,  however,  has  the  same  right 
of  complaint  to  the  Grand  Duke  for  the  violation  of  its  constitutional 
rights.  Decisions  on  such  complaints  require  a  majority  of  votes, 
as  prescribed  in  section  Cua, 

Both  Chambers,  either  in  common  or  each  separately  for  itself, 
are  entitled  to  submit  other  protests  to  the  Grand  Duke. 

A  request  to  present  a  law  can  be  made  by  one  of  the  Chambers 
to  the  Grand  Duke  only  after  it  has  been  previously  communicated 
to  the  other  Chamber,  and  an  opportunity  given  the  latter  to  express 
itself  on  the  matter  in  question. 

IVa.    THE    IMPEACHMENT    OF    MINISTERS. 

Sec.  67«.^  The  Second  Chamber  has  the  right  to  lodge  formal  com- 
plaints agamst  ministers  and  members  of  the  superior  offices  of  the 
State,  for  viohitions  of  the  Constitution  or  acknowledged  constitu- 
tional ])rivi]eges  knowingly  committed  through  act,  neglect,  or  gross 
carelessness,  or  for  a  severe  endangerment  of  the  safety  or  w^elfare  of 
.the  State. 

Such  a  decision  requires  the  number  of  votes  prescribed  in  sec- 
tions 64  and  73  for  changes  in  the  Constitution.  The  withdrawal 
of  such  a  decision  can  take  place  with  a  simple  majority  of  votes. 

The  right  of  accusation,  enjoyed  by  the  Second  Chamber,  is  not 
<'anceled  by  the  removal  of  the  accused  from  office,  whether  such  re- 
moval took  place  before  or  after  the  accusation  was  raised. 

In  case  of  conviction,  the  discharge  of  the  accused  from  Govern- 
ment service  must  be  pronounced. 

This  consequence  of  conviction  can  be  annuled  only  at  the  sugges- 
tion or  with  the  consent  of  the  Diet. 

The  Supreme  Court  of  Judicature  has  no  right  to  decide  any 
claims  for  damages. 

Sec.  67&.2  The  F'irst  Chamber,  in  connection  Avith  the  president  of 
the  Supreme  Court  and  eight  other  judges,  chosen  fron\  the  associated 
courts  by  lot  and  delegated  to  the  First  Chamber,  shall  exercise  the 
function  of  the  Supreme  Court  of  Judicature  in  cases  of  accusation 
mentioned  in  the  foregoing  article. 

The  defendant  and  plaintiff  have  the  right  of  challenge. 

The  president  of  the  First  Chamber  shall  preside.  The  president 
of  the  Supreme  Court  shall  be  his  substitute. 

The  details  regarding  the  formation  of  and  procedure  at  such  a 
Supreme  Court  of  Judicature  will  be  determined  by  a  general  law. 


^  Laws  of  February  20,   1868,  and  August  24,   1904. 
2  Lav  of  February  20.  1868, 


CONSTITUTION   OF   BADEN.  47 

Sec.  67c/  If  a  minister  or  one  of  the  superior  officers  of  the  State 
is  accused  of  ha^dng  committed  a  State  crime  or  an  ordinary  crime  by 
the  abuse  of  his  office,  together  with  violations  mentioned  in  section 
^>7«,  or  even  without  such,  the  Second  Chamber  has  the  authority  to 
2Jropose  that  the  Supreme  Court  of  Judicature  surrender  the  accused 
for  trial  to  the  regular  proper  criminal  court.  \ 

The  proposal  must  be  decided  in  the  form  prescribed  in  section  67^ 
and  joined  with  the  accusation,  if  such  has  been  made,  but  otherwise 
presented  independentl3%  to  the  Supreme  Court  of  Judicature. 

Sec.  67^.^  The  accusation  decided  upon  by  the  Second  Chafnber 
<luring  a  session  of  the  Diet  shall  be  prosecuted  by  the  commissioner 
chosen,  even  after  prorogation  or  adjournment  of  the  Diet.  The 
First  Chamber  shall  not  be  considered  prorogued  or  adjourned  in 
reference  to  fhis  matter. 

Th'o  same  shall  hold  in  the  case  of  the  dissolution  of  the  Diet,  but 
the  issue  and  decision  regarding  the  accusation  shall  be  postponed 
until  after  the  elapse  of  the  period  fixed  in  section  44  of  the  Consti- 
tution. 

Sec.  67<?.^  If  the  Supreme  Court  of  Judicature  has  not  yet  passed 
judgment  at  the  time  when  a  ncAv  Diet  is  convoked,  the  Court  shall 
be  newly  formed,  and  the  Second  Chamber  shall  again  choose  com- 
missioners to  press  the  accusation. 

If  the  Diet  should  be  dissolved  a  second  time,  the  commission 
chosen  by  the  Second  Chamber  to  press  the  accusation,  and  likewise 
the  Supreme  Court  of  Judicature,  shall  be  authorized  to  act,  as 
they  previously  existed. 

Sec.  67/.^  The  right  of  accusation  shall  expire  three  years  after  the 
act  of  violation  has  been  brought  to  the  knowledge  of  the  Diet, 
unless  the  Second  Chamber  has  taken  note  of  such  right,  at  least  by 
a  decision,  that  it  will  consider  proposals  of  raising  an  accusation. 

The  accusation  can  furthermore  no  longer  be  raised  if  the  majority 
of  the  Second  Chamber  has  approved  of  such  action. 

Sec.  67(7.^  Enactments  and  decrees  of  the  Grand  Duke  referring  to 
the  (xovernment  and  administration  of  Baden  must  be  signed  in  the 
original  document  by  the  consenting  members  of  the  highest  Gov- 
ernment authorities,  and  shall  not  be  considered  valid  for  execution 
unless  tlie  document  is  countersigned  by  a  minister. 

y.    THE  OPENING  OF  THE  SESSIONS  OF  THE  DIET THE  FORMS  OF  DELIBERA- 
TION. 

Sec.  68.  Each  Diet  must  be  opened  and  closed,  in  the  presence  of 
both  Chambers,  united  for  this  purpose,  by  the  Grand  Duke  in 
])erson,  or  by  a  commissioner  appointed  by  him. 

»Law  of  February  20,  1868. 


48  CONSTITUTIONS   OF  THE  GERMAN  STATES. 

Sec.  69.^  At  the  opening  of  the  Diet  all  newly  appointed  members 
shall  take  the  following  oath : 

I  swear  fidelity  to  the  Grand  Diil^e,  and  obedience  to  tlie  laws;  to  observe 
and  maintain  the  Constitution,  and  in  the  Diet  to  regard  only  the  general  wel- 
fare and  advantage  of  the  whole  country,  without  resiject  to  orders  or  classes, 
according  to  my  sincere  conviction.     So  help  me  God ! 

Sec.  70.^  The  acceptance  of  a  bill,  as  well  as  the  rejection  of  a 
sovereign  proposal,  can  occur  in  each  of  the  Chambers,  after  previous 
deliberation  in  an  especial  committee,  or  even  without  such,  but  in 
the  latter  case  only  upon  the  basis  of  a  twofold  deliberation  and 
vote,  separated  by  a  period  of  at  least  three  days.  A  bill  or  proposal 
from  one  Chamber  to  the  other  may  be  referred  back  with  sugges- 
tions and  alterations  to  the  Chamber  from  which  it  came. 

Sec.  71.^  The  consent  of  the  absolute  majority  of  members  present 
in  legal  number  is  required  for  the  validity  of  a  decision  of  a  Cham- 
ber, unless  exceptions  are  expressly  established. 

If  the  vote  is  a  tie,  the  president's  vote  shall  decide. 

The  number  of  votes  and  the  procedure  at  elections  held  in  the 
Chambers  shall  be  regulated  by  the  Diet  rules  without  prejudice  to 
the  provision  contained  in  section  51. 

Sec.  72.2  'pj^^  presence  of  at  least  15  members  in  the  First  Chamber, 
and  ac  least  37  in  the  second,  including  the  presidents,  shall  be 
necessary  to  form  a  quorum  in  either  case. 

'  Sec.  73.2  -jj^^  presence  of  at  least  three-quarters  of  the  members 
shall  be  required  in  both  Chambers  for  the  lawful  voting  on  bills 
intended  to  supplement,  explain,  or  change  the  Constitution. 

In  calculating  the  three-quarters,  those  members  of  the  First 
Chamber  named  in  section  27,  clauses  1  to  3,  shall  not  be  counted  if 
they  do  not  participate  either  in  person  or  by  proxy  in  the  session 
of  the  Diet  in  question. 

Sec.  74.2  'pj^g  presence  of  the  number  of  members  in  each  Chamber 
necessary  to  form  a  quorum  shall  be  required  for  the  validity  of  a 
unite;^!  vote,  as  in  section  61,  paragraph  4. 

The  bill  shall  be  considered  passed  if  the  majority  of  votes  cast 
by  both  Chambers  together  is  in  f  avoi  of  it.  In  case  of  a  tie,  the  vote 
of  the  president  of  the  Second  Chamber  shall  decide. 

Sec.  75.2  The  two  Chambers  shall  not  assemble  together,  except 
at  the  opening  and  closing  of  the  Diet. 

If,  however,  the  decisions  of  both  Chambers  differ  from  one 
another,  at  the  suggestion  of  either  of  the  Chambers  through  the 

iLaw  of  February  17,  1849.  'Law  of  August  24,  1904. 


CONSTITUTION    OF   BADEN.  49 

mediation  of  the  presidents,  a  meeting  of  the  commissions  of  each 
Chamber  can  take  place  for  the  purpose  of  reaching  an  agreement. 

The  relations  of  the  Chambers  to  one  another  are  limited  to  the 
communication  of  their  respective  decisions. 

They  are  in  immediate  communication  on  matters  of  business 
only  with  the  Ministry  of  State  of  the  Grand  Duke. 

They  can  not  make  dispositions  or  issue  proclamations  of  any 
description  whatever. 

Deputations  can  be  delegated  to  the  Grand  Duke  only  after  per- 
mission expressly  obtained  from  him  on  every  occasion. 

Sec.  76.^  The  ministers  and  members  of  the  Ministry  of  State,  and 
the  grand  ducal  commissioners  have  access  to  every  public  and 
private  sitting  of  either  Chamber,  and  must  be  heard  on  all  discus- 
sions, if  they  desire  it. 

If  a  preliminary  discussion  is  held  in  a  particular  committee  for 
the  preparatory  debate  on  a  bill,  the  commissioners  shall  convene 
with  the  committees  of  the  Diet,  as  often  as  shall  be  deemed  necessary 
by  either  party.  No  essential  changes  can  be  made  in  a  bill  which 
has  not  been  discussed  in  common  with  the  government  commis- 
sioners at  such  a  meeting. 

Sec.  77.  No  written  speeches  can  be  read  except  by  the  government 
commissioners,  and  the  members  of  the  representative  commissions. 
All  other  members  must  make  their  observations  only  by  word  of 
mouth. 

Sec.  78.  The  sittings  of  both  Chambers  are  public.  They  become 
secret  at  the  request  of  the  government  commissioners,  when  they 
have  communications  to  make,  which,  according  to  their  opinion, 
ought  to  be  private;  and  at  the  desire  of  any  three  members  with 
whom,  after  all  auditors  have  withdrawn,  at  least  one-fourth,  of  the 
members  must  agree  as  to  the  necessity  of  a  secret  deliberation. 

Sec.  79.^  The  four-year  Diet  period  shall  be  divided  into  two  ses- 
sion periods  of  two  years  each.  At  each  session  period  a  decision 
shall  be  passed  regarding  the  Finance  Law. 

If  the  Diet  has  been  dissolved  during  a  session  period,  before  a 
decision  has  been  passed  regarding  the  Finance  Law,  the  duration 
of  the  first  session  period  and  the  membership  for  the  newly  elected 
Diet  shall  be  so  calculated  as  if  the  election  had  taken  place  at  the 
beginning  of  that  session  period  in  which  the  last  Diet  was  dissolved. 

If  the  dissolution  occurred  after  the  decision  regarding  the  Finance 
Law,  the  remainder  of  the  unexpired  session  period  will  be  added 
to  the  four-year  diet  period  of  the  new  Diet. 

The  provision  of  section  37,  paragraph  2  shall  also  be  applicable 
in  case  of  dissolution. 

1  Law  of  December  21.  1869.  «  Law  of  August  24.  1904. 

92975—19 i 


50  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Sec.  80.  In  the  first  elections,  all  contests  respecting  the  validity 
of  the  returns  will  be  determined  by  the  Government  Central  Com- 
mission, which  is  charged  with  the  primary  execution  of  the  consti- 
tutional law. 

Sec.  81.  The  opening  of  the  first  Diet  will  take  place  on  February 
1,  1819. 

Sec.  82.  At  the  opening  of  the  first  Diet,  when  the  Constitution  is 
put  into  effect,  the  existing  conditions  in  all  branches  of  administra- 
tion and  legislation  will  continue  until  suitable  measures  be  taken  on 
these  subjects  in  concert  with  the  Diet. 

The  first  budget  in  particular  Avill  be  provisionally  executed  until 
it  shall  have  been  adopted  by  the  Diet. 

Sec.  83.  The  present  Constitution  is  placed  under  the  guaranty  of 
the  (rerman  Confederation. 

Given  under  our  hand  and  sealed  with  the  great  seal  of  the  State. 
Griesbach,  August  22,  1818. 

[L.S.]  CARL. 

By  command  of  His  Grand  Ducal  Ilighuess, 

Wkiss. 


BAVARIA. 

1.  CONSTITUTIONAL  ACT  OF  MAY  26,  ISIS.^ 
[preamble.] 

Maximilian  Joseph,  by  the  grace  of  God,  King  of  BavaAa : 

Impressed  with  a  due  sense  of  the  important  duties  of  a  Sovereign, 
nnd  actuated  thereby,  we  have  hitherto  distinguished  our  Government 
by  the  adoption  of  such  regulations  as  displayed  our  continued  exer- 
tions to  promote  the  general  prosperity  of  the  whole  of  our  subjects. 
In  order  more  firmly  to  establish  the  same  we  granted,  in  the  year 
1 808,  a  Constitution  to  our  Kingdom,  which  was  suited  to  its  external 
and  internal  relations-  existing  at  that  time  and  into  which  we  ad- 
mitted the  introduction  of  a  Representative  Assembly  as  its  principal 
and  most  essential  provision.  The  great  political  events  which 
occurred  subsequently  to  that  period,  by  which  every  German  State 
was  in  some  degree  affected  and  during  the  operation  of  which  the 
people  of  Bavaria  showed  themselves  to  be  as  magnanimous  while 
suffering  imder  oppression  as  they  were  while  engaged  in  contests  on 
the  field  of  battle,  had  scarcely  reached  their  termination,  by  the 
Act  of  Congi-ess  at  Vienna,  when  we  immediately  endeavored  to  com- 
plete the  undertaking,  which  had  been  interrupted  only  by  the  cir- 
cumstances of  the  times,  with  a  steadfast  and  determined  regard  to 
the  general  and  peculiar  claims  requiring  to  be  attended  to  in  order 
to  promote  the  general  puri:)oses  of  the  State.  The  preliminary  pro- 
ceedings which  were  directed  to  be  taken  with  this  object  in  the  year 
1814  and  the  decree  of  the  2d  of  February,  1817,  prove  the  sincere 
resolution  Avhich  we  had  previously  formed  on  this  subject.  The 
])ieKenr  Constitutional  Act,  hjiving  first  received  the  fullest  and  most 
mature  deliberation,  and  having  afterwards  been  considered  by  our 
Council  of  State,  is  the  work  of  our  own  free  will  and  earnest  deter- 
iiiinatiou,  and  our  people  will  find  in  it,  from  the  following  summary 
(;f  its  contents,  the  strongest  and  most  convincing  pledge  of  the  sin- 
('(Mity  of  our  royal  and  paternal  intentions : 

Fivedom  of  conscience,  and  a  conscientious  separation  and  protec- 
tion of  whatever  is  the  property  of  the  State  and  of  the  Church ; 

Freedom  of  opinions,  with  legal  restrictions  to  prevent  the  abuse 
of  it; 

^  Based  on  the  translation  in  5  British  and  Foreign  State  Papers,  pp.  1055-1076.  It 
has  been  revised  and  brought  up  to  date  by  a  comparison  with.  StoerlJ-Rauchhaupt. 
oi).   ait.,  pp.  80-107. 

51 


52  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

Equal  right  of  native  subjects  to  promotion  to  all  the  grades  of 
public  service,  and  to  all  marks  of  distinction  awarded  to  merit ; 

Equal  liability  to  be  called  upon  for  the  duty  and  for  the  honor  of 
bearing  arms; 

Equality  in  the  eye  of  the  law,  whether  as  plaintiffs  or  defendants, 
accusers  or  accused; 

Impartiality  and  dispatch  in  the  administration  of  justice; 

Equality  in  the  imposition  of,  and  in  the  obligation  to  pay,  taxes 
and  duties  : 

M 

Order  in  every  branch  of  the  domestic  economy  of  the  State,  legiti- 
mate maintenance  of  public  credit,  and  a  guaranty  of  the  proper  ap- 
plication of  the  funds  appointed  for  these  purposes ; 

Reestablishment  of  the  Communal  Corporations,  by  the  restitution 
to  them  of  the  administration  of  those  affairs  upon  which  most  par- 
ticularly depend  their  prosperity; 

A  Representative  Assembly,  proceeding  from  all  classes  of  citizens 
domiciled  in  the  State,  enjoying  the  rights  of  counseling,  of  assent- , 
ing  to  laws,  of  voting  grants,  of  expressing  wishes,  and  of  pre- 
ferring complaints  on  account  of  the  violation  of  rights  guaranteed 
by  the  Constitution ;  summoned  in  order  to  increase  in  public  convo- 
cations the  wisdom  of  deliberation  without  weakening  the  power  and 
influence  of  the  Government: 

And,  finally,  a  solemn  pledge  or  guarantj^,  securing  the  Constitu- 
tion against  any  capricious  alterations,  but  not  preventing  those  pro- 
gressive changes  in  it  which  may  be  found  by  experience  to  lend  more 
and  more  to  its  improvement. 

Bavarians !  These  are  the  fundamental  provisions  of  the  Constitu- 
tion granted  to  you  of  our  own  free  will  and  determination;  and  in 
them  you  will  perceive  the  principles  of  a  King,  who  will  not  derive 
the  happiness  of  his  heart  and  the  glory  of  his  throne  from  any  other 
source  than  the  prosperity  of  his  country  and  the  love  and  affection 
of  his  people. 

We  hereby  declare  the  following  stipulations  to  be  the  constitu- 
tional law  of  the  Kingdom  of  Bavaria. 

TITLE   I. GENERAL   REGULATIONS. 

Article  1.  The  Kingdom  of  Bavaria,  collectively,  with  all  the  por- 
tions of  territory  acquired  recently  and  in  previous  years,  shall  form 
one  sovereign  monarchial  State,  according  to  the  stipulations  con- 
tained in  the  present  Constitutional  Act. 

2.^  -  There  shall  exist  for  the  whole  Kingdom  one  General  Assembly 
of  Estates  pr  Representatives,  divided  into  two  Chambers. 

*The  term  Assembly  of  Estates  (StUndeversammlung)  was  replaced  by  the  collec- 
tive term  Diet  (Landtag),  according  to  the  law  of  June  4,  1848.  The  original  term 
is  retained  here. 


CONSTITUTION   OF   BAVAKIA.  53 

TITX.E  II. OF  THE  KING  AND  OF  THE  SUCCESSION  TO  THE  THRONE,  AND 

ALSO  OF  THE  REGENCY. 

Article  1.  The  King  shall  be  the  supreme  head  of  the  State,  shall 
unite  in  himself  all  the  rights  of  political  dominion,  and  shall  exer- 
cise them  under  the  conditions  established  in  the  present  Constitu- 
tional Act,  granted  by  himself. 

His  person  shall  be  sacred  and  inviolable. 

2.  The  Crown  shall  be  hereditary  in  the  male  line  of  the  Royal 
House,  according  to  the  order  of  primogeniture,  and  of  regular  lineal 
hereditary  descent  from  the  same  ancestor. 

3.  In  order  to  establish  the  eligibility  of  succession,  a  legitimate 
birth  from  parents  who  were  born  of  an  equal  class,  and  who  were 
married  with  the  consent  of  the  King,  shall  be  requisite. 

4.  The  male  shall  have  preference  before  the  female  descendants; 
iind  the  princesses  shall  be  excluded  from  the  succession  to  the  Crown 
so  long  as  there  exists  in  the  Royal  House  either  a  male  descendant 
competent  to  succeed,  or  a  prince  entitled  to  the  throne  according  to 
any  special  compact  of  reciprocal  inheritance. 

5.  In  the  event  of  the  entire  extinction  of  the  male  line,  and  in 
default  of  a  special  compact  of  reciprocal  inheritance  concluded  with 
another  Princely  House  belonging  to  the  Germanic  Confederation,  the 
throne  shall  devolve  upon  a  female  descendant,  in  precisely  the 
same  order  of  succession  as  is  established  for  the  male  line;  so 
that  the  Bavarian  princesses,  or  their  descendants,  without  distinc- 
tion as  to  sex,  who  are  living  at  the  time  of  the  demise  of  the  last 
reigning  monarch,  shall  be  eligible  to  succeed  to  the  throne,  in  the 
same  manner  as  if  they  were  princes  belonging  to  the  original  male 
line  of  the  Bavarian  House,  according  to  the  order  of  primogeniture, 
and  the  right  of  lineal  hereditary  succession. 

If  in  such  new  reigning  branch  of  the  Royal  House  descendants  of 
th-e  first  grade  and  of  both  sexes  should  be  born,  the  preference  shall 
be  again  enjoyed  by  the  male  to  the  exclusion  of  the  female  line. 

C.  Should  the  Bavarian  Crown,  in  the  event  of  the  extinction  of  the 
male  line,  devolve  upon  the  Sovereign  of  another  monarchy,  who 
could  not  or  would  not  reside  in  the  Kingdom  of  Bavaria,  the  Crown 
shall  then  pass  over  to  the  second-born  prince  of  the  same  house,  and 
the  like  hereditary  succession  shall  be  observed  in  his  line  as  has  been 
already  pointed  out. 

But  if  tlie  Crown  should  devolve  upon  the  consort  of  a  foreign  sov- 
ereign ruling  over  another  monarchy,  such  consort  shall  nevertheless 
become  Queen:  Her  Majesty  must,  however,  appoint  a  viceroy,  who 
shall  take  up  his  residence  in  the  capital  of  the  Kingdom,  and,  after 
her  demise,  the  Crown  shall  devolve  upon  her  second-born  prince. 

7.  The  princes  and  princesses  of  the  Royal  House  shall  attain  their 
majority  upon  their  completing  the  eighteenth  year  of  their  age. 


54  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

8.  The  other  relative  circiinistances  of  the  members  of  the  Koyal 
House  shall  be  arranged  in  conformity  with  the  regulations  of  the 
Pragmatic  Family  Law. 

9.  The  Government  shall  be  administered  by  a  regent : 
(a)  During  the  minority  of  the  Monarch,  and, 

(h)  When  the  Monarch  is  prevented  from  continuing  to  exercise 
the  supreme  authority,  and  shall  not  have  made,  and  is  unable  to 
make,  arrangements  for  the  due  administration  of  the  Government. 

10.  The  Monarch  shall  be  at  liberty  to  select,  from  among  those 
princes  of  the  family  who  have  attained  their  majority,  a  prince  to 
act  as  regent  during  the  period  of  the  minority  of  his  successor. 

In  default  of  such  a  selection,  the  temporary  administration  of  the 
Government  shall  devolve  upon  the  male  descendant  from  the  origi- 
nal ancestor,  who  is  the  next  heir  in  the  established  order  of  hered- 
itary succession,  if  he  shall  have  attained  his  majority. 

Should  the  prince,  however,  upon  whom,  according  to  the  above 
regulation,  the  regency  w^ould  devolve,  be  a  minor,  or  be  unable  from 
any  other  cause,  to  undertake  it,  the  temporary  direction  of  affairs 
shall  then  devolve  upon  the  male  descendant  from  the  original  an- 
cestor, who  is  the  next  prince  in  succession  after  him. 

11.  Should  the  Monarch,  by  any  cause  whatever,  the  existence  or 
the  effect  of  which  shall  continue  longer  than  a  year,  be  prevented 
from  exercising  the  supreme  authority;  and  should  he  not  previously 
have  provided  for  this  contingency,  and  be  prevented  from  making 
the  requisite  arrangements,  the  same  legal  regulations  with  respect  to 
the  regency,  which  are  to  be  observed  in  the  event  of  his  minority, 
shall  be  adopted  in  this  case,  with  the  concurrence  of  the  Instates,  to 
whom  the  causes  of  prevention  shall  be  explained. 

12.  When  the  King,  agreeably  to  article  10,  shall  nominate  the 
regent,  who  is  to  act  during  the  minority  of  his  successor,  the  declara- 
tion of  appointment,  to  be  executed  for  this  purpose,  shall  be  pre- 
served among  the  family  archives,  under  the  charge  of  the  minister 
to  whom  the  performance  of  the  duties  of  officer  of  the  Royal  House 
are  intrusted,  until  the  demise  of  the  Monarch ;  and,  upon  the  occur- 
rence of  that  event,  it  shall  be  communicated  to  the  Collective  Minis- 
try of  State,  for  its  information,  and  with  a  view  to  public  procla- 
mation. The  act  containing  the  appointment  shall,  at  the  same  time, 
be  communicated  also  to  the  regent. 

13.  Should  therer  be  no  male  descendant  from  the  original  ancestor 
living,  who  is  qualified  to  take  upon  himself  the  temporary  govern- 
ment of  the  Kingdom,  the  Queen,  widow  of  the  deceased  Monarch, 
should  there  be  one,  shall  become  regent. 

Should  there  be  no  such  Queen  widow,  the  sovereign  authority 
shall  be  assumed  by  that  officer  of  the  Crown  whom  the  last  reigning 
Monarch  may  have  nominated  for  the  purpose ;  and  if  the  nomination 


CONSTITUTION    OF   BAVARIA.  55 

of  such  an  officer  should  not  have  been  made  by  him,  the  reoreiicy 
shall  then  be  transferred  to  the  principal  officer  of  the  Crown,  who  is 
not  prevented  by  an^-  legal  obstacle  from  undertaking  it. 

14.  In  any  case,  the  Queen  widow  shall  have  the  charge,  under  tlie 
superintendence  of  the  temporary  administrator  of  the  Kingdom, 
of  the  education  of  her  children,  agreeably  to  the  parti:  ular  stipida- 
tions  upon  this  subject  contained  in  the  family  law. 

15.  In  the  cases  pointed  out  in  article  9,  paragraphs  a  and  />,  the 
Government  shall  be  administered  in  the  name  of  the  Monarch — 
whether  he  be  a  minor,  or  be  prevented  from  exercising  the  supreme 
authority. 

All  documents  of  every  description  shall  be  issued  in  liis  name  <ind 
under  the  usual  Royal  Seal,  and  all  coins  sluill  be  stamped  witli  liis 
effigy,  arms,  and  titles. 

The  regent  shall  subscribe  himself  as  the  "  Administi-ator  of  the 
Kingdom  of  Bavaria.'' 

16.  The  prince  of  the  Royal  House,  the  (jueen  widow,  or  the  oiK  er 
of  the  CroAvn,  to  whom  the  temporary  administration  of  the  King- 
dom shall  be  confided,  must,  immediately  after  his  or  her  assumption 
of  the  regency,  convoke  the  Estates,  and,  in  the  midst  of  them,  and 
in  the  presence  of  the  Ministers  of  State,  and  also  of  the  members 
of  the  Council  of  State,  take  the  following  oath : 

I  swear  to  adininister  the  State  in  conform ily  with  llie  ('onslitiUion  ;nni  the 
laws  of  the  Kingdom ;  to  maintain  the  integrity  of  the  Kingdom  and  the  rights  of 
the  Crown,  and  faithfully  to  surrender  np  to  the  King  the  authority,  the  exer- 
cise of  which  is  intrusted  to  me.    So  help  me  God  and  His  Holy  (Jospel. 

Of  which  oath  a  special  record  shall  be  kept. 

17.  The  regent  shall  exercise,  during  his  or  her  temporary  admin- 
istration of  the  Kingdom,  all  those  rights  of  supreme  powei-  which 
are  not  specially  excepted  by  this  Constitutional  Act. 

18.^  All  offices,  with  the  exception  of  those  in  the  Department  of 
Justice,  which  fall  vacant  during  the  temporary  administration  of 
the  Government,  can  be  only  provisionally  filled.  The  regent  can 
not  alienate  the  property  of  the  Crown,  nor  grant  fiefs,  nor  introduce 
new  offices. 

Officials  provisionally  appointed  by  the  regent  must,  during  the 
regenc3%  be  treated  according  to  the  provisions  of  the  ninth  amend- 
ment of  the  Constitution,  and,  in  case  the  pro\  isional  appointment 
represents  a .  person's  first  public  office,  a  "  definition  ot  service " 
{Dienstdefinitivum)  is  granted  to  the  incumbent.  Officials  provision- 
ally appointed,  who  at  the  expiration  of  the  regency  are  in  posses- 
sion of  the  "  definition  of  service,-'  retain  their  acquired  rights  of  pen- 
sion and  of  domicile  for  themselves  and  for  their  relatives,  even  if 
the  appointments  made  by  the  regent  should  be  withdrawn. 


Paragraphs  2  and  3  were  added  by  law  of  October  26.  1887. 


56  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Crown  lands,  according  to  the  law  of  July  1,  1834,  relative  to  the 
determination  of  a  permanent  civil  list,  shall  be  all  royal  castles  and 
estates  intended  for  the  use  of  the  Eoyal  Court,  with  the  understand- 
ing that  the  provisions  of  title  III,  article  6,  of  the  Constitution 
shall  apply  to  the  sale  and  alteration  of  separate  parts  thereof. 

19.  The  collective  Ministry  of  State  shall  form  the  council  of  the 
regency,  and  the  regent  shall  be  bound  to  take  the  opinion  of  the 
council  upon  all  important  matters. 

20;  The  administrator  of  the  Government  shall,  during  the  contin- 
uance of  his  or  her  regency,  inhabit  the  royal  residence,  and  be  main- 
tained at  the  charge  of  the  State;  and  there  shall  be  assigned  to  the 
regent,  for  his  or  her  own  disposal,  out  of  the  public  treasury,  the 
sum  of  200,000  florins  annually,  payable  in  monthly  proportions. 

21.  The  duration  of  the  regency,  in  the  two  cases  mentioned  in 
article  9,  shall  be,  in  the  first,  until  the  majority  of  the  King,  and,  in 
the  second,  until  the  obstacle  w^hich  may  have  arisen  shall  have 
ceased. 

22.  When  the  regency  is  at  an  end  and  the  King,  upon  assuming 
the  chief  authority,  shall  have  made  the  solemn  deposition  pointed 
out  in  title  X,  article  1,  all  the  transactions  of  the  regency  shall  bo 
considered  as  concluded  and  the  accession  of  the  King  to  the  Govern- 
ment shall  be  solemnly  proclaimed,  both  in  the  capital  and  through- 
out the  Kingdom. 

TITLE  III. OF  THE  PROPERTY  OF  THE  STATE. 

Article  1.  The  property  of  the  State  throughout  the  Kingdom  of 
Bavaria  shall  form  a  single,  indivisible,  inalienable,  collective  mass 
by  the  union  of  all  its  constituent  parts,  comprising  territories  of 
every  description,  lordships,  domains,  and  royal  dues  and  rents,  with 
everything  appertaining  thereto. 

All  new  acquisitions  of  immovable  property  in  virtue  of  private 
titles,  Avhether  they  be  derived  from  the  direct  or  the  collateral  line, 
shall,  unless  the  person  who  first  acquired  them  made,  during  his  life- 
time, a  special  disposition  of  them,  fall  to  the  inheritance  of  the  male 
line,  and  be  considered  as  incorporated  with  the  collective  mass. 

2.  The  inalienable  property  of  the  State,  which,  in  case  of  a  sepa- 
ration of  the  public  and  private  effects  of  the  deceased  Monarch, 
ought  not  to  be  introduced  into  the  inventory  of  the  latter  effects, 
shall  consist  of :  • 

(1)  All  the  archives  and  registries; 

(2)  All  the  public  establishments  and  buildings,  with  their 
appurtenances ; 

(3)  All  the  arms  and  ammunition,  and  all  the  military  maga- 
zines, and  whatever  is  required  for  maintaining  the  fortifications 
of  the  country; 


(CONSTITUTION   OF   BAVARIA.  57 

(4)  All  the  establishments  of  the  royal  chapels,  and  of  the 
offices  belonging  to  the  household  of  the  Sovereign,  with  all  the 
furniture  appertaining  thereto,  which  are  intrusted  to  the  charge 
of  the  superintendents  and  principal  officers  of  the  court,  ana 
are  necessary  for  the  use,  or  for  the  splendor  of  the  court; 

(5)  All  that  has  been  appropriated  to  the  arrangement  or  for 
the  ornament  of  the  town  residences  and  country  palaces ; 

(6)  The  property  of  the  Royal  House,  and  whatever  has  been 
imited  to  it  by  testament; 

(7)^  All  collections  for  the  promotion  of  the  arts  and  sciences, 
such  as  libraries,  museums,  cabinets  of  natural  curiosities  and 
coins,  antiques,  statues;  observatories  and  the  instruments  used 
in  them;  pictures,  and  collections  of  copper-plate  engravings, 
and  all  other  articles  which  are  set  apart  for  the  use  of  the  public 
or  for  the  encouragement  of  the  arts  and  sciences. 

Articles  included  among  the  collections  of  title  III,  article  2, 
clause  7,  of  the  Constitution,  which  were  acquired  neither  with 
State  funds  nor  by  State  treaties,  nor  were  limited  by  entail, 
but  were  purchased  by  funds  granted  by  the  Monarch  for  pri- 
vate disposition  and  not  formally  incorporated  into  the  property 
of  the  State  and  the  Crown — ^belonging,  therefore,  to  the  private 
legacy  of  the  Monarch  and  recorded  as  his  private  property  by 
the  competent  authorities — become  a  part  of  the  private  prop- 
**Tty  of  the  heirs,  and  remain  so  even  if  the  new  owners  should 
leave  them  in  the  collections  to  which  they  formerly  belonged. 

(8)  All  actual  and  available  sums  in  cash  and  capital  funds 
in  the  public  treasury  and  all  collections  of  natural  productions 
remnining  with  the  administrators  of  the  public  domains,  to- 
gether with  all  outstanding  dues  payable  to  the  State,  and  lastly, 

(9)  Whatever  has  been  procured  with  the  public  money. 

3.  All  the  constituent  parts  of  the  property  of  the  State,  as  has 
already  been  determined  in  the  pragmatic  law  of  October  20,  1804 
(from  which  have  been  transferred  into  the  present  Constitutional  Act 
those  stipulations  which  are,  according  to  the  altered  circumstances 
relating  thereto,  still  in  force  upon  the  subject),  shall  be  forever  in- 
alienable, with  a  reservation  of  the  undermentioned  modifications. 

All  the  rights  of  supreme  authority,  however,  shall,  without  excep- 
tion, and  above  all  others,  be  maintained  entire  and  undivided,  for 
him  who  is  to  enjov  them  by  virtue  of  primogeniture. 

4.  Not  only  is  every  actual  sale  to  be  regarded  as  an  alienation  of 
the  property  of  the  State,  but  also  any  donation  to  the  living,  or  any 
transfer  by  the  terms  of  a  last  will  or  testament,  or  any  grant  of  a 
new  fief,  or  the  imposition  of  any  permanent  burden  upon,  or  the 
mortgaging  or  surrendering  of  any  part  of  such  property,  in  conse- 

1  Par.  2  is  based  on  the  law  of  March  9,  1828. 


58  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

quence  of  a  compromise  entered  into  upon  condition  of  the  receipt  of 
a  sum  of  money,  are  to  be  so  regarded. 

Exemption  from  contributing  toward  the  public  burdens  shall  on 
no  account  be  conceded  to  any  subject  of  the  State. 

5.  Those  fiefs,  public  domains,  and  revenues,  which  have  already 
been  granted,  as  rewards  for  particular  services  rendered  to  the  State, 
shall  be  excepted  from  the  above  prohibition. 

The  King  shall  also  be  at  liberty,  at  all  times,  again  to  dispose,  by 
grant,  of  all  the  fiefs  which  may  fall  in. 

Other  public  domains  or  revenues  may,  with  concurrence  of  the 
Estates,  be  granted,  in  the  character  of  male-fiefs  of  the  Crown,  as 
a  recompense  for  great  and  decisive  services  rendered  to  the  State. 

Reversions  to  domains,  revenues,  and  privileges,  which  may  at  any 
future  time  devolve  to  the  Crown,  shall  not  be  granted,  nor  any  re- 
versions to  offices  of  honor  or  profit. 

6.  From  the  prohibitions,  as  to  alienations,  shall  further  be 
excepted: 

(1)  All  those  public  transactions  of  the  Monarch,  which,, 
being  within  the  limits  of  the  rights  belonging  to  him  as  the  su- 
preme authority,  have  been  undertaken  upon  public  grounds,  and 
with  a  view  to  the  benefit  of  the  State,  either  with  foreigners  or 
with  subjects  of  the  country,  relative  to  the  hereditary  property 
and  public  domain; 

(2)  Especially,  also,  whatever  particular  estates  and  dues  are 
given  up,  in  order  to  bring  to  a  termination  a  pending  lawsuit,, 
and  upon  condition  of  retaining  or  acquiring  other  estates,  rev- 
enues, or  privileges,  or  with  a  view  to  the  settlement  of  a  ques- 
tion of  boundary  line  with  the  neighboring  States,  and  also  upon 
condition  of  receiving  in  I'eturn  a  suitable  compensation ; 

(3)  Whatever  is  given  in  exchange  for  other  absolute  prop- 
erty, and  privileges,  which  may  be  of  equal  value ; 

(4)  Whatever  particular  alienations  or  exchanges  of  the- 
property  of  the  State  have,  in  conformity  with  some  public  pur- 
pose, and  in  consequence  of  the  regulations  already  issued,  been 
found  advisable  agreeably  to  the  strict  principle  of  carrying 
into  effect  a  progressively  improving  administration  of  the 
public  resources,  in  order  to  promote  agricultural  amelioration 
or  the  general  prosperity  of  the  country,  to  benefit  the  public 
treasury,  or  to  abolish  any  prejudicial  management  peculiar 
thereto. 

7'.  In  all  the  cases  described  in  the  preceding  article,  the  revenues 
of  the  State  shall  not,  however,  be  diminished;  but  stipulations 
shall  be  made  for  compensating  the  parties,  when  necessary,  by  the 
payment  of  a  dominical  rent,  if  possible,  in  grain;  and  the  money 
received  from  the  parties  shall  be  employed  in  procuring  new  acqui- 


CONSTITUTTOlSr   OF  BAVARIA.  50 

sitions,  in  affording  temporary  assistance  to  the  fund  for  the  liqui- 
dati/on  of  debts,  or  in  any  other  manner  having  for  object  the  general 
prosperity  of  the  country. 

With  respect  to  the  movable  articles  comprehended  in  the  prop- 
erty of  the  State  described  in  article  2,  the  Sovereign  may  effect 
such  alterations  and  improvements  as  may  be  suitable  to  time  and 
circumstances. 

TITLE    IV. OF   GENERAL   RIGHTS   AND   DUTIES. 

Article  1.  In  order  to  be  admitted  to  a  full  participation  in  all 
civil  rights,  both  public  and  private,  in  Bavaria,  the  enjoyment  of 
the  right  of  a  native  subject,  called  Indigenat^  shall  be  required; 
which  is  obtained  either  by  birth  or  by  naturalization,  according  to 
the  regulations  detailed  in  the  edict  upon  this  subject.     (Annex  1.) 

2.  The  right  of  a  Bavarian  citizen  of  the  State  is  obtained,  as  a, 
natural  consequence,  by  the  grant  of  the  right  of  hidigenat^  and  is 
forfeited  at  the  same  time  with  the  forfeiture  thereof. 

3.  In  order  to  exercise  the  above-mentioned  right  it  is  necessary,  in 
addition — 

a.  To  have  attained  the  age  of  majorit}^  fixed  by  law; 

h.  To  be  domiciled  in  the  Kingdom ;  by  the  possession  of  lands,  rev- 
enues, or  privileges,  liable  to  taxation,  by  the  exercise  of  a  trade  upon 
which  contributions  are  payable,  or  by  holding  a  public  appointment. 

4.  Crown  offices,  the  principal  offices  of  the  court,  civil  employ- 
ments of  State,  and  the  chief  military  appointments,  as  also  ecclesi- 
astical dignities  or  benefices,  can  be  conferred  only  upon  natives  or 
upon  persons  naturalized  according  to  the  constitutional  regulations. 

5.  Every  Bavarian  subject,  without  distinction,  may  attain  to  all 
civil  and  military  appointments  and  to  all  ecclesiastical  dignities  or 
benefices. 

6.  Personal  bondage  of  any  description  whatever  shall  on  no 
account  exist  throughout  the  whole  Kingdoms,  in  conformity  with  the 
stipulations  of  the  edict  of  August  3,  1808. 

7.  All  indefinite  socage  services  shall  be  defined  and  made  positive, 
and  when  regulated  and  arranged  shall  also  be  redeemable. 

8.^  The  State  guarantees  to  each  individual  inhabitant  security  for 
his  person,  property,  and  rights. 

No  one  shall  be  withdrawn  from  his  ordinaiy  judge. 

No  one  shall  be  apprehended  or  prosecuted,  except  in  those  cases 
distinctly  laid  down  in  the  laws,  and  then  only  according  to  the  legal 
forms. 

*  Par.  4  was  modified  and  enlarged  by  laws  of  November  17,  1837 ;  May  28,  1852 
(3  laws)  ;  November  10,  1861  (2  laws)  ;  July  10,  18G5  ;  March  20,  1869  ;  April  29,  1869 ; 
March  24,   1872;  April   15,  1875;   August  8,   1878;  May  29,   1886;   and  May  29,   1887. 


60  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

No  one  shall  be  compelled  to  surrender  his  private  property  even 
for  public  purposes  until  after  a  formal  decision  of  the  assembled 
Council  of  State  and  after  the  receipt  of  an  indemnification,  as  settled 
in  the  ordinance  of  August  14,  1815. 

9.^  Perfect  liberty  of  conscience  is  secured  to  every  inhabitant  of 
the  Kingdom;  the  simple  act  of  domestic  devotion,  therefore,  shall 
not  be  forbidden  to  any  individual,  whatever  may  be  the  religion 
which  he  professes. 

The  tiiree  Christian  ecclesiastical  communities  existing  in  the  King- 
dom shall  enjoy  equal  rights,  both  civil  and  political. 

Members  of  the  unitecj,  as  well  as  of  the  non-united,  Greek  Church 
shall  possess  the  same  civil  and  political  rights  as  members  of  the 
three  Christian  confessions  already  recognized  constitutionally  in 
the  Kingdom. 

Xon-Christians  have  complete  freedom  of  conscience,  but  they  share 
the  rights  of  citizens  only  in  so  far  as  the  organic  edicts  guarantee  to 
them  such  rights. 

The  property  of  beneficed  foundations,  and  the  enjoyment  of  their 
revenues,  according  to  the  original  documents  by  which  they  were 
established,  and  according  to  the  due  and  legal  possession  of  them, 
shall  be  completely  secured  to  every  denomination  of  religious  pro- 
fessions, without  any  exception,  whetlier  such  foundations  have  been 
instituted  for  education  or  for  religious  or  charitable  purposes. 

The  spiritual  authorities  shall  never  be  impeded  within  their 
peculiar  sphere  of  action,  and  the  temporal  administration  shall  on 
no  account  interfere  in  the  purely  spiritual  matters  of  the  doctrines 
of  religion  and  of  conscience,  except  in  so  far  as  the  supreme  right 
of  protection,  and  of  superintendence,  vested  in  the  Sovereign,  are 
concerned;  according  to  which  right  no  ordinances  and  laws  of  the 
ecclesiastical  authorities  are  to  be.  promulgated  and  cari'ied  into 
execution  without  being  previously  submitted  to  the  King  and  re- 
ceiving His  Majesty's  placet. 

The  churches,  and  the  spiritual  officers  attached  to  them,  are,  in 
thei^  civil  affairs  and  relations,  as  also  with  reference  to  the  prop- 
erty belonging  to  them,  subject  to  the  laws  of  the  State  and  to  the 
temporal  tribunals;  and  they  can  in  no  respect  claim  exemption  from 
sharing  the  public  burdens  of  the  Kingdom. 

The  other  stipulations  relating  to  the  outward  judicial  relations 
of  the  inhabitants  of  the  Kingdom  in  matters  of  religion,  and  to 
ecclesiastical  communities,  are  contained  in  detail  in  the  special  edict 
to  be  appended  to  the  present  Constitutional  Charter.     (Annex  2.) 

10.  The  whole  property  of  foundations  instituted  for  the  three 
objects  of  religion,  education,  and  charity  shall  be  placed  under  the 

1  Par.  3  is  based  on  the  law  of  July  1,  1834. 


CONSTITUTION   OF   BAVAKIA.  61 

immediate  protection  of  the  State,  and  shall  not,  under  any  pretense 
whatever,  be  included  with  the  public  property  in  any  financial  ar- 
rangements, or  be  alienated  or  appropriated  to  other  than  the  three 
objects  already  mentioned,  without  the  consent  of  all  the  parties  in- 
terested, and,  in  the  case  of  the  public  chai-tered  establishments,  with- 
out the  approbation  of  the  Estates  of  the  Kingdom. 

11.  The  freedom  of  the  press  and  of  the  book  trade  shall  be  secured 
under  the  regulations  of  the  special  edict  which  is  to  be  issued  upon 
the  subject. 

12.  Every  Bavarian  shall  be  equally  bound  to  perform  military 
duty  and  to  serve  among  the  first  reserves  {Landwehr) ,  agreeably  to 
the  existing  laws  upon  this  subject. 

13.  The  participation  in  the  public  burdens  of  the  State  shall  be 
general  for  all  the  inhabitants  of  the  Kingdom',  without  exception  of 
any  particular  grade  and  without  regard  to  any  special  exemptions 
which  were  formerly  enjoyed. 

14.  All  Bavarians  shall  be  at  liberty  to  emigrate  to  any  other  State 
belonging  to  the  Germanic  Confederation  which  it  can  be  proved  is 
willing  to  receive  them  as  subjects,  and  also  to  enter  into  the  military 
and  civil  service  of  such  State,  provided  that  they  have  fulfilled  their 
engagement  toward  the  country  of  their  birth. 

They  shall  not,  however,  so  long  as  they  remain  subjects  of  Bavaria, 
accept  either  pay  or  honorary  distinction  from  a  foreign  power  with- 
out the  express  permission  of  their  own  Sovereign. 

TITLE  V. or  PECULIAR  RIGHTS  AND  PRIVILEGES. 

Article  1.  The  Crown  appointments,  being  the  principal  posts  of 
honor  in  the  Kingdom,  shall  be  conferred  as  feudal  tenures  held  of 
the  Throne,  either  for  the  life  of  the  persons  who  are  to  enjoy  them  or 
with  reversion  to  their  male  heirs,  according  to  the  right  of  primo- 
geniture and  regular  lineal  hereditary  descent  from  the  common 
ancestor  of  the  family. 

The  Crown  officers  shall,  by  virtue  of  their  royal  appointments,  be 
members  of  the  First  Chamber  of  the  Assembly  of  Estates. 

2.  The  princes  and  the  counts,  who  were  formerly  members  of 
the  Estates  of  the  German  Empire,  shall  be  secured  in  the  enjoyment 
of  all  those  privileges  and  rights  which  are  described  in  the  Special 
Edict,  determining  their  relative  position  and  circumstances,  which 
is  to  be  appended  to  the  present  Constitutional  Act. 

3.  Those  of  the  nobility,  who  were  formerly  immediate  nobles  of 
the  Empire,  and  are  now  subject  to  the  sovereignty  of  Bavaria,  shall 
enjoy  all  the  rights  which,  in  conformity  with  the  Royal  Declaration 
on  the  subject,  are  secured  to  them  in  the  Constitutional  Act. 


62  CONSTITUTIONS   OF  THE   GERMAN  STATES. 

4.^  All  the  other  nobility  of  the  Kingdom  shall,  like  every  indi- 
vidual possessor  of  a  domain,  retain  the  rights  appertaining  to  them 
as  proprietors  of  domains,  according  to  the  legal  enactments  on  the 
subject  contained  in  the  Edict  to  be  appended  to  the  present  Consti- 
tutional Act. 

6.  The  relative  position,  with  reference  to  their  services,  and  their 
claims  to  receive  pensions,  of  the  officers  of  State  and  public  func- 
tionaries, shall  be  regulated  according  to  the  stipulations  contained  m 
the  pragmatic  law  regarding  the  services  of  public  officers. 

TITLE  VI.    OF  THE  ASSEMBLY  OF  THE  ESTATES. 

Article  1.  The  two  Chambers  of  the  General  Assembly  of  the  Es- 
tates of  the  Kingdom  shall  consist  of : 

(a)  The  Chamber  of  Senators  of  the  Kingdom; 

(b)  The  Chamber  of  Deputies. 

2.  The  Chamber  of  Senators  of  the  Kingdom  shall  be  composed  of  : 

1.  The  princes  of  the  Royal  House,  who  shall  have  attained 
their  majority; 

2.  The  Crown  officers  of  the  Kingdom ; 

3.  The  two  archbishops; 

4.  The  heads  of  the  families  of  those  princes  and  counts  who 
were  formerly  members  of  the  Plstates  of  tlie  (xerman  Empire, 
as  hereditary  Senators  of  the  Kingdom ;  so  long  as  they  remain 
in  possession  of  those  domains,  situated  in  the  Kingdom,  by 
virtue  of  which  they,  or  the  original  possessors,  belonged  to  the 
Estates  of  the  Empire; 

5.  A  bishop,  appointed  by  tlie  King,  and  the  president  for  the 
time  being  of  the  Protestant  General  Consistory ; 

6.  Those  persons  whom  the  King,  on  account  of  distinguished 
services  rendered  by  them  to  the  State,  or  on  account  of  tlieir 
birth  or  of  their  property,  shall  specially  nominate  as  members 
of  this  Chamber,  either  for  the  term  of  their  natural  lives,  or 
with  reversion  to  their  heirs, 

3.  The  King  shall  grant  the  right  of  inheriting  seats  in  this  Cham- 
ber only  to  those  noble  proprietors  of  domains  who  enjoy,  to  their 
fullest  extent,  the  rights  of  citizens  of  the  State,  and  who  possess 
landed  property  which  is  subject  to  the  conditions  imposed  upon 
fiefs  and  entails — upon  which  are  payable  land  and  dominical  taxes 
in  nirnplo^  to  the  amount  of  300  florins,  and  in  possessing  which,  a 
lineal  hereditary  succession  from  the  c-omnjon  ancestors  of  the  family, 
according  to  the  rights  of  promogeniture,  is  observed. 

*  Par.  2  of  article  4,  and  article  5,  were  rosclnded  by  article  35  of  the  law  of  June 
9.   1899. 


CONSTITUnON   OF   BAVARIA.  63 

The  dignity  of  an  liereditary  Senator  of  the  Kingdom,  acquired 
with  the  domains  upon  which  the  entail  has  been  established,  reverts 
in  all  cases  to  such  proprietor  only  as  comes  into  possession  of  them 
according  to  this  plan^  of  hereditary  succession. 

4.^  The  number  of  Senators  of  the  Kingdom,  appointed  for  life, 
sliall  not  exceed  the  third  part  of  those  whose  seats  are  hereditary. 

Article  1.  In  adjusting  the  proportionate  number  of  Senators  appointed  for 
life  and  those  whose  seats  are  hereditary,  as  provided  by  title  VI,  article  4. 
of  the  Constitution,  there  are  to  be  included  among  the  latter,  besides  the  heads 
of  families  of  those  princes  and  counts  formerly  belonging  to  the  Estates  of 
the  German  Empii-e  and  the  Senators  of  the  Kingdom  named  by  the  King  and 
endowed  with  hereditary  rights  (Constitution,  title  VI,  article  2,  clauses  4 
and  6.  article  3)  : 

1.  The  two  archbishops. 

2.  The  Senators  of  the  Kingdom  ap])ointed  by  the  King  iind  the  i)resident 
of  the  Protestant  Upper  Consistory; 

However 

(a)  the  princes  of  the  Royal  Pouse  who  have  attained  their  majority, 
and, 

(b)  the  Crown  officers  who  are  not  at  the  same  time  Senators  of  the 
Kingdom,  by  virtue  of  their  landed  property, 

shall  be  included  neither  among  the  hereditary  Senators  nor  those  who  hold 
their  office  for  life. 

Art.  2,  The  King  shall  choose  the  hereditary  Senators  and  those  who  hold 
their  offices  for  life  from  among  those  persons  who  have  performed  eminent 
services  for  the  State,  or  who  belong  to  the  nobility,  or  who  possess  a  fortune. 

With  regard  to  the  granting  of  inheritance  rights  the  provisions  of  title  VI, 
article  3,  of  the  Constitution  shall  otherwise  remain  in  force. 

5.  The  hereditary  Senators  of  the  Kingdom  shall  be  admitted  into 
the  Chamber  so  soon  as  they  have  attained  their  majority;  but  they 
shall  not  be  entitled  to  vote  until  the  following  }:)eri()ds — that  is  to 
say,  the  princes  of  the  Royal  House,  when  they  shall  have  attained 
the  21st,  and  the  other  Senators  of  the  Kingdom  when  they  shall 
liave  attained  the  ^ath  year  of  their  age. 
(I   [Rescinded  by  law  of  July  25.  1850.] 
7-12.  [Rescinded  by  the  Election  Law  of  June  4.  1848.] 
18.  There  shall  be  a  new  election  of  deputies  every  six  years,  and 
at  no  other  time,  excepting  only  when  the  Chamber  is  dissolved  by 
Ihe  King. 

The  members  who  I'etire  on  either  of  the  above  occasions  may  be 
reelected. 

14.  [Rescinded  by  law  of  June  4,  1848.] 

15.  I  Rescinded  by  law  of  July  25,  1850.] 

16.  The  Chamber  of  Senators  of  the  Kingdom  shall  be  convoked, 
assembled,  and  closed,  at  the  same  time  as  that  of  the  Deputies. 

^  Artlclos  1  and  2  wero  appended  to  this  article  by  law  of  March  9,   1828. 


64  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

IT.  No  member  of  the  First  or  of  the  Second  Chamber  shall  be 
allowed  to  be  represented,  in  the  sittings,  by  any  person,  as  his  sub- 
stitute. 

18.  All  the  propositions  relative  to  the  imposts  of  the  State  shall, 
in  the  first  instance,  be  submitted  by  the  Government  to  the  Chamber 
of  Deputies,  and  afterwards  by  that  to  the  First  Chamber. 

All  other  Government  propositions  may  be  presented,  in  the  first 
instance,  either  to  the  First  or  to  the  Second  Chamber,  agreeably  to 
the  oommand  of  the  King. 

19.  No  proposition  which  ought  to  be  deliberated  and  decided 
upon  by  the  two  Chambers  of  the  Kingdom,  shall  be  discussed  in  one 
Chamber  alone,  and  acquire  thereb}'  the  same  force  and  effect  as  if 
it  had  obtained  the  legal  approbation  of  both  Chambers  of  the 
Estates. 

TITLE  VII.    OF  THE  FUNCTIONS  AND  ATTRIBUTES  OF  THE  ASSEMBLY  OF  THE 

ESTATES. 

Article  1.  The  two  Chambers  shall  enter  into  discussion  only  upon 
those  subjects  which  belong  to  their  immediate  sphere  of  action,  and 
are  described  in  the  following  articles,  numbered  from  2  to  19. 

2.  No  new  law,  of  a  general  nature,  which  affects  the  personal  free- 
dom or  the  property  of  the  subjects  of  the  State,  shall  be  enacted, 
modified,  or  repealed,  without  the  advice  and  approbation  of  the 
Estates  of  the  Kingdom.  , 

3.  The  King  shall  obtain  the  consent  of  the  Estates  to  the  levying 
of  any  direct  taxes,  to  the  imposition  of  any  new  indirect  duties,  or 
to  the  increasing  or  alteration  of  those  already  existing. 

4.  There  shall,  therefore,  be  laid  before  the  Estates,  after  the 
opening  of  the  Chambers,  a  detailed  estimate  of  the  sums  required 
to  meet  the  exigencies  of  the  State,  and  also  of  the  whole  of  the 
public  income  (budget) ;  these  estimates  shall  be  examined  by  the 
Estates,  and  the  latter  shall  then  deliberate  on  the  amount  of  taxes 
to  be  levied. 

5.  In  order,  however,  to  prevent  any  inconveniences  to  the  pecuni- 
ary operations  of  the  State,  the  same  taxes  shall  continue  to  be  levied, 
during  the  financial  year  in  which  the  first  Assembly  of  the  Estates 
is  to  be  convoked,  which  were  levied  in  the  previous  financial  yeai. 

6.  [Rescinded  and  replaced  by  law  of  July  10,  1865,  here  pub- 
lished :] 

Article  1.  The  direct  taxes  neressary  for  the  covering  of  the  ordinal^  State 
expenses  v.inoh  it  is  possible  to  foresee,  including  the  necessary  reserve  funds, 
shall  be  voted  for  two  years  in  every  case. 

Art.  2.  Not  later  than  three  months  before  the  expiration  of  the  period  for 
the  fixed  expenditures  the  King  subtnlts  to  the  Chambers  a  new  budget  for  the 
two  years  which  follow  this  period. 


coNSTirunoN  of  bavaria.  65 

7.  In  case  the  King  should  be  prevented,  bjr  external  relations  pi 
an  extraordinary  character,  from  convoking  the  Estates  during  the 
last  of  the  six  years  for  which  the  ordinary  taxes  shall  have  been 
voted,  he  shall  have  the  power  of  ordering  that  the  levying  of  those 
taxes,  so  voted,  be  continued  for  another  half-year. 

8.  In  the  case  of  any  extraordinary  unforeseen  emergency,  or 
of  the  existing  income  of  the  State  being  insufficient  to  meet  the  ex- 
penditure of  it,  the  circumstances  connected  therewith  shall  be  repre- 
sented to  the  Estates,  in  order  that  they  may  vote  the  necessary 
additional  imposts. 

9.  The  Estates  shall  not  be  at  liberty  to  connect  with  the  grant  of 
taxes  the  performance  of  any  irrelevant  conditions. 

10.  A  detailed  account,  shoAving  the  appropriation  of  the  public 
income,  shall  at  every  session  be  laid  before  the  Estates. 

11.  The  whole  of  the  public  debt  of  the  State  shall  be  placed  under 
the  guarantee  of  the  Estates. 

The  consent  of  the  Estates  of  the  Kingdom  shall  be  obtained  pre- 
viously to  the  contracting  of  any  new  public  debt,  by  which  the 
amount  of  the  then  existing  debt  is  increased,  either  by  capital  or  by 
the  interest  payable  thereon. 

12.  Such  an  increase  of  the  public  debt  of  the  State  as  that  just 
alluded  to  shall  be  made  in  the  case  only  of  urgent  and  extraordinary 
national  exigencies  which  can  not  be  met  by  the  ordinary  and  extra- 
ordinary contributions  of  the  people  without  pressing  too  heavily 
upon  them  and  which  really  tend  to  promote  the  true  interests  of 
the  whole  countr}^ 

13.  The  plan  for  the  extinction  of  the  national  debt  shall  be  sub- 
mitted to  the  Estates,  and  no  alteration  without  their  concurrence 
shall  be  made  in  that  plan  after  it  has  been  approved  of  by  them. 
Moreover,  the  taxes  which  are  specially  destined  for  the  extinction 
of  the  debt  shall  on  no  account  be  appropriated  to  any  other  object. 

14.  Each  of  the  two  Chambers  shall  nominate  one  of  its  members 
OS  a  commissioner,  and  the  two  commissioners  so  nominated  shall 
conjointly  take  minute  cognizance  of  all  the  transactions  of  the 
Royal  Commission  for  the  extinction  of  the  public  debt,  and  shall 
take  care  that  the  established  rules  are  strictly  complied  with. 

15.  On  extraordinary  occasions,  when  threatening  dangers  from 
without  imperatively  require  the  obtaining  of  capital  by  means  of 
loans,  and  the  convocation  of  the  Estates  is  rendered  impossible  by 
external  circumstances,  the  two  commissioners  to  be  appointed  as- 
above  shall  be  authorized  to  give  their  consent  to  such  loans  provi- 
sionally in  the  name  of  the  Estates. 

But,  so  soon  as  it  is  practicable  to  convoke  the  Estates,  the  whole 
particulars  of  the  transaction  relative  to  the  raising  of  such  capital 

92975—19 5 


6b  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

shall  be  laid  before  them,  in  order  that  the  additional  debt  so  con- 
tracted may  be  inscribed  in  the  register /of  the  public  debt  of  the  State. 

16.  A  detailed  account  of  the  state  of  the  fund  for  the  extinction 
of  the  public  debt  of  the  State  shall  be  presented  to  the  Estates  at 
every  session. 

17.  No  alienation,  or  application,  to  other  than  their  original  pur- 
poses, of  the  property  belonging  to  public  institutions,  shall  take 
place  without  the  consent  of  the  Estates. 

18.  In  like  manner,  no  grants  of  public  domains,  or  of  public  rev- 
enues, as  rewards  for  great  and  decisive  services  rendered  to  the 
State,  shall  be  made  without  the  consent  of  the  Estates. 

19.  The  Estates  shall  enjoy  the  right  to  submit  to  the  King,  in  a 
suitable  form,  their  common  opinions  and  propositions,  with  refer- 
ence to  all  matters  which  come  within  their  immediate  sphere  of 
action. 

20.^  Each  member  also  shall  have  the  right  to  bring  forward,  in 
tlip  Chamber  to  which  he  belongs,  his  opinions  and  propositions  with 
reference  to  such  matters. 

The  resolutions  passed  by  one  of  the  Chambers  on  such  proposi- 
tions must  be  communicated  to  the  other  Chamber,  and  may  be  sub- 
mitted to  the  King  only  after  having  been  approved  by  the  second 
Chamber.  , 

21.1  Each  individual  citizen  of  the  State,  as  also  every  community, 
shall  be  at  liberty  to  address  to  the  Assembly  of  the  Estates  com- 
plaints respecting  the  violation  of  the  rights  guaranteed  by  the  Con- 
stitution, and  may  submit,  them  to  either  of  the  two  Chambers,  which 
shall  examine  them  by  means  of  the  committee  appointed  for  the 
consideration  of  such  matters  and  shall  pass  on  them  in  accordance 
with  the  Order  of  Business. 

If  the  Chamber  should  decide,  by  a  majority  of  votes,  that  a  com- 
plaint is  well  founded,  it  shall  communicate  to  the  other  Chamber  the 
proposition  which  is  to  be  made  upon  the  subject  to  the  King,  and  if 
the  latter  Chamber  should  coincide  with  the  former  Chamber  in  the 
proposition,  it  shall  be  made  the  subject  of  a  joint  representation  to 
His  Majesty. 

22.  The  King  shall  convoke  the  Estates  at  least  once  in  every 
three  years. 

The  King  shall  open  and  close  the  Assembly,  either  in  his  own  per- 
son or  by  a  special  commissioner  to  be  appointed  for  this  purpose. 

The  regular  session  of  the  Assembly  shall  ordinarily  not  continue 
longer  than  two  months ;  and  the  Estates  shall  be  bound  to  take  into 
consideration,  during  their  sittings,  those  subjects  which  are  sub- 
mitted to  them  by  the  King,  previously  to  discussing  any  others. 

» Modified  by  section  2  of  the  law  of  January  19,  1872. 


CONSTITUTION    OP   BAVARIA.  67 

23.  The  King  shall,  at  all  times,  have  the  right  to  prolong  or  to 
prorogue  the  session,  or  to  dissolve  the  Assembly. 

In  the  last-mentioned  case,  the  new  election  of  the  Chamber  of 
.Deputies  shall  take  place  within  at  least  three  months  afterwards. 

24.  The  Ministers  of  State  shall  have  a  right  to  be  present  at  the 
sittings  of  either  Chamber,  even  although  they  be  not  members  of 
either  of  theni. 

25.  Each  irieinber  of  the  Assembly  of  the  Estates  shall  take  the  fol- 
lowing oath : 

I  swear  to  be  faithful  to  the  King,  and  to  the  laws,  to  observe  and  maintain 
tbt'/'onstitiition  of  the  State,  and  in  the  Assembly  of  the  Estates  to  advise  only 
that  wliJch  is  for  the  genernl  advantage  and  well-being  of  the  whole  Kingdom, 
without  reference  to  particular  grades  or  classes  of  society,  according  to  my  real 
and  sincere  conviction.    So  help  me  God  and  His  Holy  Gospel ! 

26.  During  the  meeting  of  the  Estates  in  ordinary  or  extraordinary 
session  no  penal  proceedings  shall  be  instituted  or  continued  against 
a  member  of  the  Provincial  Diet,  nor  shall  such  a  member  be  placed 
under  arrest  without  the  consent  of  the  Chamber  to  which  he  belongs. 
Those  cases  are  excepted  in  which  a  member  was  arrested  at  the  be- 
ginning of  the  session,  or  in  which  he  was  seized  at  the  time  of  the 
i'ommission  of  the  act,  or  on  the  following  day.  In  such  cases  a 
postponement  of  the  proceedings  and  of  the  arrest  shall  be  granted 
at  the  request  of  the  Chamber. 

Tliese  regulations  apply  to  the  members  of  a  special  committee  for 
the  duration  of  its  session,  and  in  this  case  the  committee  instead  of 
the  Chamber  iimst  give  its  consent  to,  or  make  demand  for,  the  arrest. 

27.  No  member  of  the  Assembly  of  the  Estates  shall  be  called  to 
account  for  the  opinion  which  he  may  have  given  in  his  Chamber, 
except  by  the  Chamber  itself,  in  conformity  with  the  order  by  which 
its  proceedings  are  regulated. 

28.  A  proposition  upon  which  the  two  Chambers  do  not  concur  shall 
not  be  brought  forward  a  second  time  for  discussion  during  the  same 
session. 

29.  [Eescinded  by  article  41  of  the  law  of  July  25, 1850.] 

80.  The  King  alone  shall  sanction  the  laws  and  shall  promulgate 
tlicMi!.  with  his  own  signature  attached  thereto,  and  w^ith  the  an- 
nouncenieut  tliat  they  have  been  duly  examined  by  the  Council  of 
State  and  ha^e  been  subniitted  for  the  advice  and  received  the  assent 
of  his  true  iind  faithful  servants,  the  Estates  of  the  Kingdom. 

'M.  If  the  Assembly  of  the  Estates  of  the  Kingdom  shall  have 
been  adjourned,  or  formally  closed,  or  dissolved,  the  Chambers  shall 
not  lawfully  c<mtinue  their  deliberations,  and  every  subsequent  trans- 
lation shall  be  illegal. 


68  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

TITLE  Vrn. OF  THE  ADMINISTRATION  OF  JUSTICE. 

Article  1.  eTnstice  shall  emanate  from  the  King.  It  shall  be  ad- 
ministered under  his  supreme  control,  by  a  suitable  number  of  tri- 
bunals and  superior  courts  of  judicature,  according  to  a  legal  regula- 
tion which  shall  determine  the  extent  of  the  jurisdiction  of  each. 

2.  All  the  courts  of  judicature  shall  be  bound  to  affix  to  their  de- 
crees the  grounds  of  their  decisions. 

3.  The  courts  of  justice  shall  be  independent  within  the  limits  of 
their  official  jurisdiction;  and  no  judge  shall  be  suspended  from  his 
appointment  with  the  loss  of  salary,  or  be  dismissed  from  the  same, 
except  in  virtue  of  a  judicial  sentence. 

4.^  The  King  shall  be  at  liberty,  in  criminal  cases,  to  grant  pardon 
and  to  mitigate  or  entirely  remit  punishment;  but  he  shall  on  no 
account  interfere  so  as  to  stop  in  any  shape  a  matter  depending  in 
dispute  or  an  investigation  which  has  been  commenced  and  is  still 
in  progress. 

Article  1.  Restoration  to  a  person  convicted  of  a  crime  of  his  civil  and 
political  rights  which  he  lost  as  a  result  of  his  conviction  in  accordance  with 
the  provisions  of  the  Penal  Code  or  of  other  statutes  may  be  effected  by  the 
pardon  of  the  King. 

Art.  2.  From  the  day  of  the  opening  of  the  royal  pardon  all  those  rights 
which  the  convicted  person  lost  at  the  time  of  his  conviction  are  restored  to 
him,  except  as  otherwise  provided  by  the  pardon. 

All  claims,  however,  to  positions,  services,  dignities,  and  distinctions,  to 
rights  which  depended  thereon  or  on  the  former  possession  thereof,  to  the  re- 
acquisition  of  objects  which  were  confiscated  or  intended  for  suppression  or 
destruction,  to  industrial  or  other  similar  privileges,  and  finally  to  the  re- 
acquisition  of  the  title  of  nobility  and  of  the  rights  connected  therewith,  shall 
not  be  included  in  this  restoration. . 

5.  The  fiscal  officer  of  the  Crown  shall,  in  all  matters  of  contention 
affecting  private  rights,  proceed  at  law  in  the  royal  courts  of  judica- 
ture. 

6.^  The  confiscation  of  property  shall  not  take  place  in  any  case. 

7.  There  shall  exist  for  the  whole  Kingdom  only  one  Code  of  Civil 
and  Criminal  Laws. 

TITLE    IX.    OF    THE    MILITARY    ORGANIZATION. 

Article  1.  Every  Bavarian  shall  be  in  duty  bound  to  cooperate  in 
the  defense  of  the  country  according  to  the  laiws  which  may  exist  on 
the  subject. 

The  clergy  shall  be  exempt  from  the  obligation  to  bear  arms. 

2.  For  the  proper  protection  of  the  State  there  shall  be  a  standing 
army,  which  shall  be  kept  up  to  its  proper  complement  by  the  general 
military  conscription,  and  shall  be  also  suitably  maintained  in  time 
of  peace. 

1  Articles  1  and  2,  appended  to  this  article,  are  based  on  the  law  of  July  10,  1861. 

2  Modified  by  law  of  January  30,  1868. 


CONSTITUTION   OF  BAVARIA.  69 

3-5.   [Rescinded  by  the  law  of  January  30,  1868.] 

6.  The  army  shall  be  organized  to  serve  against  a  foreign  enemy; 
and  it  shall  be  brought  to  act  within  the  country,  only  on  those  occa- 
sions when  the  military  authorities  are  formally  called  upon  for  that 
purpose  by  the  competent  civil  powers. 

7.  The  military  shall  be  subject  to  martial  law  in  all  matters  relat- 
ing to  their  duty  as  soldiers,  and  also  in  respect  of  their  crimes  or 
misdemeanors;  but  in  actual  suits  at  law  and  in  those  of  a  mixed 
nature,  they  shall  be  subject  to  the  civil  tribunals  of  justice. 

TITLE  X.    OF.THE  SECUKITY  OF  THE  CONSTITUTION. 

Article  1.  The  King,  upon  his  accession  to  the  Throne,  shall  take 
the  following  oath  in  a  solemn  assembly  of  the  Ministers  of  State, 
and  ot  the  Members  of  the  Council  of  State;  and,  if  the  Estates  should 
be  assembled  at  the  time,  also  of  a  deputation  of  that  body : 

I  swear  that  I  will  govern  according  to  the  Constitution  and  the  laws  of  the 
Kingdom;  so  help  me  God  and  His  Holy  Gospel! 

A  formal  act,  containing  this  oath  of  the  King,  shall  be  prepared 
and  shall  be  deposited  among  the  archives  of  the  Kingdom ;  and  cer- 
tified copies  of  it  shall  be  communicated  to  the  Assembly  of  the 
Estates. 

2.  The  person,  who  may  be  called  to  the  temporary  administration 
of  the  Government,  shall,  with  reference  to  the  maintenance  of  the 
Constitution,  take  the  oath  prescribed  in  the  sixteenth  article  of 
title  II. 

All  the  princes  of  the  Royal  House  shall,  in  like  manner,  after  they 
have  attained  their  majority,  swear  that  they  will  strictly  observe  the 
provisions  of  the  Constitution. 

3.  All  citizens  of  the  State  shall,  upon  being  domiciled,  and  upon 
the  occasion  of  a  general  act  of  homage  on  the  part  of  the  nation, 
and  also  all  public  officers  shall,  upon  their  appointment,  subscribe 
the  following  oath : 

I  swear  that  I  will  be  faithful  to  the  King,  that  I  will  obey  the  laws,  and 
tliat  I  will  observe  the  Constitution  of  the  State ;  so  help  me  God  and  His  Holy 
Gospel ! 

4.  The  King's  Ministers  of  State  and  all  the  public  officers  shall  be 
responsible  for  their  strict  observance  of  the  Constitution. 

5.  The  Estates  shall  have  the  right  to  prefer  their  complaints  of 
any  violation  of  the  Constitution,  committed  by  the  Royal  Ministers 
of  State  or  by  other  public  functionaries,  in  a  joint  representation 
to  the  King;  and  His  Majesty  shall  either  immediately  remedy  the 
grievance  complained  of,  or,  if  any  doubt  prevail  upon  the  subject, 
shall  cause  the  complaints  to  be  thoroughly  investigated  and  decided 
upon,  according  to  the  nature  of  the  circumstances,  by  the  Council 
of  State  or  by  the  Supreme  Court  of  Judicature. 


70  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

6.^  If  the  Estates  should  consider  themselves  called  upon  in  the 
course  of  their  duties  to  institute  a  formal  accusation  against  a 
superior  officer  of  the  State,  the  particulars  of  the  charge  shall  be 
distinctly  specified,  and  shall  be  examined  in  both  Chambers  by  a 
committee  to  be  specially  appointed  by  each  of  them. 

If  both  Chambers  should  afterwards  agree  in  their  resolutions 
upon  the  subject  of  the  accusation,  they  shall  present  the  same  in  the 
prescribed  form  to  the  King,  together  with  all  the  documents  relat- 
ing thereto. 

7.  Alterations  in  the  enactments  contained  in  the  Constitutional 
Act,  or  additions  thereto,  shall  not  be  made'  w  ithout  the  consent  of 
the  Estates. 

The  propositions  to  be  submitted  for  this  purpose  shall  emanate 
from  the  King  alone,  and  it  is  only  on  the  occasion  when  His  Majesty 
himself  shall  have  submitted  them  to  the  Estates  that  they  can  delib- 
erate respecting  them. 

The  presence  of  at  least  three-fourths  of  the  members  belonging  to 
the  Assembly  in  each  Chamber,  and  a  majority  of  two-thirds  of  the 
votes,  shall  be  required  in  order  to  arrive  at  a  legal  and  valid  resolu- 
tion upon  this  most  important  affair. 


Whilst  we  hereby  promulgate  the  above  fundamental  law  of  the 
State,  in  order  that  it  may  be  generally  observed  and  strictly  com- 
plied with  in  all  its  contents,  including  the  edicts  which  are  supple- 
mentary to  the  same,  and  described  in  the  principal  act  as  appendices 
thereto,  we  at  the  same  time  further  declare  and  order  that  the 
Assembly  of  the  Estates  therein  organized  shall  be  summoned  to  meet 
on  January  1,  1819,  for  the  due  exercise  of  all  those  rights 
which  appertain  to  its  peculiar  sphere  of  operation,  and  that  in  the 
meantime  the  necessary  preliminary  measures  for  this  purpose  shall 
be  adopted. 

Given  at  Munich,  our  capital  and  city  of  residence,  on  the  26tL 
of  Mav,  1818,  in  the  13th  year  of  our  reign. 

[L.  8.-]  MAXIMILIAN  JOSEPH. 

Count  VON  Reigersberg. 

Prince  von  Wrede. 

Count  von  Triva. 

Count  VON  Rechberg. 

Count  VON  Thurheim. 

Baron  von  Lerchenfeld. 

Count  VON  TORRING. 

By  command  of  His  Majesty  the  King: 

Egid  von  Kobell, 
BoyaZ  Councillor  of  State  and  Secretary  General. 

»In  connection  herewith  the  law  concerning  the  responsibility  of  the  Ministry  of 
June  4,  1848,  was  passed. 


CONSTITUTION    OF   BAVARIA.  '71 

2.   THE  LAW  OF  JUNE  4,  1848,  EEGARDINQ  THE  INITIATIVE  OF 

THE  ESTATES.^ 

Maximilian  II,  by  the  grace  of  God,  King  of  Bavaria,  etc., 

After  conferring  with  our  privy  council,  and  with  the  advice  and 
consent  of  our  faithful  and  beloved  subjects,  the  Estates  of  the  King- 
dom, and  under  observation  of  the  forms  prescribed  in  article  T, 
title  X,  of  the  Constitution,  we  have  resolved  upon  and  decree 
as  follows : 

Article  1.  The  right  of  initiative  for  laws  which  are  not  laws 
regarding  the  Constitution  belongs  to  each  of  the  two  Chambers. 

Art.  2.  The  right,  belonging  exclusively  to  the  King,  according  to 
title  X-  section  7.  of  the  Constitution,  to  propose  changes  in  the  pro- 
visions of  the  Constitution  or  additions  to  it  (the  right  of  initiative) 
is  also  opened  to  tlie  Estates  of  the  Kingdom  in  view  of  the  provi- 
sions contained  in  titles  IV.  VII,  VIII.  and  X,  articles  1-i),  of  the 
Constitution  and  the  inclosures  of  the  Constitution  and  laws  taking 
this  matter  into  account. 

Art.  3.  The  right  to  convoke  the  Chambers  within  the  time  fixed  by 
the  Constitution,  to  open  and  close  them,  to  extend  and  adjourn 
them,  or  to  dissolve  the  entire  Assembly,  is,  however,  reserved  to  the 
Crown  according  to  the  previous  provisions. 

Art.  4.  With  reference  to  the  provisions  contained  in  title  VI 
of  the  Constitution,  the  right  of  initiative  designated  in  article  2 
likewise  belongs  to  the  Chamber  of  Councillors,  as  far  as  the  pro- 
visions concern  it,  as  well  us  to  the  Chamber  of  Deputies,  as  far  as 
they  concern  the  latter. 

Art.  5.  Motions  for  change  of  the  laws  pertaining  to  the  Con-^ti- 
lution  described  in  articles  2  and  4,  are  to  be  subjected  to  a  pre- 
liminary discussion  inimediately  after  their  introduction;  if  they 
are  thereupon  not  supported  by  half  of  the  members  of  the  Cham- 
ber in  question  who  are  present,  they  can  not  como  to  any  further 
discussion. 

In  case  of  support  of  the  motion  tlie  committees  are  strengtliMied 
to  the  double  number  of  their  members. 

Art.  6.  In  all  changes  of  the  Constitution,  or  additions  to  it,  to 
the  annexes  and  laws  of  the  Constitution  proposed  by  the  Chambers, 
there  is  necessary  a  threefold  deliberation  and  decision  held  at  in- 
tervals of  at  least  one  week  in  the  presence  of  three-quarters  of  the 
members  of  each  Chamber  present  at  the  xVssembly,  and  a  majority 
of  two-thirds  of  the  votes. 

Art.  7.^  To  the  King  is  reserved  the  right  to  postpone  his  definite  de- 
cision regarding  general  resolutions  thus  passed  for  a  year,  for  the 

^The  translation  of  this  Law  and  of  the  following  Constitution  Agreement,  by  Rich- 
ard Jente,  is  based  on  Stoerk-Rauchhaupt,  pp.  108-112. 

2  The  order  of  business  of  January  19,  1872,  article  40,  requires  a  decision  before  the 
prorogation  of  the  Diet. 


72  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

purpose  of  having  the  inquiries  and  examinations  made,  which  still 
seem  necessary.  ■ 

Art.  8.  As  regards  a  constitutional  law  issued  as  a  result  of  the 
present  legal  provisions,  the  initiative  of  the  Estates  may  not  be 
exercised  again  before  the  elapse  of  12  years. 

Art.  0.  The  present  law  goes  iuto  effect  on  the  present  day,  and 
is  made  a  constitutional  law. 

Our  Secret-jiry  of  the  Interior  is  charged  with  the  execution. 
Done  at  Munich.  June  4.  1848. 

MAXIMILIAN. 
Vox  TH0N-DiiT3rER,  Heintz,  Lerchenfeld,  Weishaupt, 
Count  vox  Bray,  vox  Strauss,  Privy  Councillor. 
According  to  the  order  of  His  Majesty  the  King: 

Secretar}^  vox  Kobell, 
Secretary  of  the  Privy  Council. 


3.   THE  SO-CALLED  CONSTITUTION  AGREEMENT  OF  1843.^  ^ 

Section  I.  The  Constitution,  title  VII,.  article  3,  concedes  to  the 
Estates  the  right  of  grant  in  respect  to — 

A.  All  direct  taxes; 

B.  All  indirect  assessments  newly  introduced  or  which  are  to 
be  increased  or  changed ; 

and  establishes  in  articles  4,  5,  and  8  of  the  above  title  the  following : 

1.  Foj-  every  six  years  a  budget — that  is,  "  a  detailed  estimate 
of  the  sums  required  to  meet  the  exigencies  of  the  State,  and  also 
the  whole  of  the  public  income" — is  presented  to  the  Estates; 

2.  After  previous  examination  of  this  budget,  the  Estates  enter 
into  deliberation  on  the  granting  of  taxes,  and  grant  each  time 
for  the  next  six  years  "  the  direct  taxes  necessary  for  the  cover- 
ing of  the  ordinary  State  expenses,  which  it  is  possible  to  fore- 
see" and  then  for  establishing  "the  necessary  reserve  funds;" 

3.  If  there  should  occur  in  the  course  of  the  six  years  an 
extraordinary  unforeseen  national  requirement,  this  will  be  pre- 

1  The  so-called  constitution  agreement  is  printed  from  the  committee  record  of  .Time  14, 
1843,  and  the  resolution  of  the  Chamber  of  Councillors  of  July  12,  1843,  contained  in  the 
Transactions  of  the  Chamber  of  Councillors,  1842-43,  inclosures,  Vol.  IV,  p.  269,  et  seq. 

-  Occasioned  by  the  dispute  rising  between  the  Goveniment  and  the  Chaml)ors  over  the 
interpretation  of  the  Constitution  paragraphs  in  question,  the  Chamber  of  Councillors 
gummed  up,  in  the  year  1843,  its  conception  of  the  questions  in  dispute  in  the  following 
sentences,  which  were  passed  as  a  resolution  on  July  12  in  due  form,  after  the  entire 
ministry  had  expressed  its  agreement  by  a  declaration  of  June  30.  No  voting  or  passing 
of  a  resolution  took  place  in  th<^  Chamber  of  Deputies  ;  however,  it  was  established  here 
by  the  finance  committee  that  the  principles  recognized  by  the  Government  agwed  in 
most  points,  even  if  not  at  all,  with  the  Intepretatlon  represented  and  adhered  to  until 
then  by  the  Chamber.  (Cf.  Transactions  of  the  Chamber  of  Deputies,  inclosures,  Vol.  IX, 
Pt.  I,  p.  420.)  This  "constitution  agi-eement "  of  1843,  which  was  then  also  designated 
as  such  (cf.  Law  Code,  column  78),- has  since  served  as  a  basis  in  the  exercise  of  the  right 
of  granting  the  budget,  with  the  exception  of  differences  not  settled,  and  without  claiming 
the  quality  of  an  authentic  interpretation  of  the  Constitution. 


CONSTITUTION   OF   BAVARIA.  Y3 

sented  to  the  Estates  for  the  "  voting  of  the  necessary  additional 
imposts,"  in  so  far  as  "the  existing  national  income  is  insuffi- 
cient to  meet  the  expenditures." 
Sec.  II.  From  these  provisions  of  the  Constitution  it  follows : 

1.  In  respect  to  the  budget,  that  it  must  make  manifest  com- 
pletely and  lastingly — 

A.  The  entire  national  requirement  definitely  to  be  foreseen, 
and 

B.  All  national  income  at  all  to  be  expected. 

2.  In  respect  to  the  granting:  That  the  Estates  have  to  grant 
each  time  for  six  years  only  those  taxes  which  are  required, 
according  to  their  conviction,  to  adjust  the  difference  on 
the  one  hand  between  the  entire  national  requirements — that 
is,  between  the  "  regular  fixed  national  requirements  definitely  to 
be  foreseen,"  including  the  necessary  reserve  fund,  and,  on  the 
other,  between  the  means  of  security  independent  of  their  grant. 

3.  In  respect  to  the  Government's  right  of  disposition  that 
this  grant — 

A.  May  cover  from  the  national  income  only  national  re- 
quirements, and  then  only  such  as  are  included  in  the  budget,  and 
by  means  of  this  budget  have  been  subjected  to  "  examination  by 
the  Estates"  either — 

(a)  On  the  account  of  current  expenses  as  regular  fixed  re- 
quirements definitely  to  be  foreseen  at  the  time  of  grant,  or  on 
the  account  of  the  national  reserve  fund,  as  extraordinary  require- 
ments, but  definitely  to  be  foreseen  at  the  time  of  grant,  or 

(b)  Such  as  result  in  the  course  of  the  financial  period  in  ex- 
traordinary and  unforeseeable  manner,  and  that 

B.  Expenses  which  do  not  bear  in  themselves  the  character  of 
national  requirements — that  is,  expenses  not  dictated  by  the  at- 
tainment of  a  nationnl  object  or  not  demanded  by  the  true 
national  welfare — and  also  national  requirements  which  have 
neither  been  included  in  the  budget  as  definitely  to  be  foreseen 
by  reason  of  their  nature,  nor  have  occurred  in  the  course  of  the 
financial  period  in  extraordinary  and  unforeseen  manner,  can 
be  taken  into  account  only  on  the  Strength  of  an  agreement 
between  the  Government  and  the  Estates. 

Sec.  til  If,  with  the  non-presentation  of  a  financial  law,  the  Es- 
tates agree  with  the  Government  on  the  nature  and  amount  of  "  the 
regular  fixed  national  requirements  definitely  to  be  foreseen  "  and  on 
the  "  necessary  "  amount  of  the  reserve  fund,  as  well  as  on  the  nature 
and  previous  estimate  of  the  means  of  security  independent  of  their 
grant,  differences  are  conceivable  neither  in  respect  to  the  figure  of 
the  supplementary  tax  to  be  granted  nor  in  respect  to  the  expenses  to 
be  met.    The  Estates  grant  the  tax   amount  demanded,   arid   the 


74  CONSTITUTIONS  OF  THE  GEKMAN   STATES. 

Crown,  for  which  the  budget  presented  is  obligatory  in  quanto  et 
quoJA  by  the  act  of  approval  of  the  taxes,  realizes  in  lawful  manner 
the  entire  national  requirements  based  on  the  budget,  together  witb 
the  entire  means  of  security,  which  have  been  in  part  granted  or  in 
j)art  previously  estimated  with  full  accord. 

Sec.  IV.  If,  on  the  other  hand,  the  Government  and  the  Estates 
are  of  dissentient  conviction  either — 

{a)  In  respect  to  the  nature  and  amount  of  the  regular  fixed 
national  requirements  definitely  to  be  foreseen,  or 

{h)  In  respect  to  the  nature  and  amount  of  the  means  of  se- 
curity independent  of  a  grant  by  the  Estates,  or. 
{c)  In  respect  to  both  of  these — 
and  if,  as  a  result  of  the  advice  of  the  Estates  expressed  in  resolutions^ 
no  agreement  is  reached,  then  the  Estates  naturally  grant  supplemen- 
tary taxes  to  the  amount  required,  according  to  their  opinion,  and  a 
distinction  is  to  be  made  between — 

(a)  Those  expenditures  included  in  the  budget,  and 
(&)  Those  not  included  in  it. 
Extraordinary  national  requirements  not  foreseeable  at  the  tinie- 
of  grant,  and  consequently  not  included  in  the  budget,  find  their 
legal  security  in  this  case  also  in  the  national  reserve  fund,  and  sub- 
sidiarily in  any  probable  surplus  of  the  national  income. 

However,  expenditures  included  in  the  budget  can  be  realized  only 
in  so  far  as  the}^  bear  the  nature  of  a  "  national  requirement  definitely 
to  be  foreseen  "  at  the  time  of  grant  (cf.  section  II,  3,  A,  a  and  h)  ;  and 
if  the  means  of  security  should  not  be  sufficient  to  cover  all  the  na- 
tional requirements  included  in  the  budget,  the  Government  will 
satisfy  those  national  requirements  which  rest  upon  legal  or  lawful 
obligations  and  then  those  which  seem  to  it  most  urgent,  according 
to  its  administrative  judgment. 

Sec.  V.  The  Constitution  further  prescribes,  in  title  VII,  article- 
10,  "  that  a  detailed  account,  showing  the  appropriation  of  the  public 
income,  shall  at  every  session  be  laid  before  the  Estates." 
Sec.  VI.  From  this  provision  of  the  Constitution  it  follows : 

1.  In  respect  to  the  attestations  themselves:  That  they  must 
present  exactly  and  cempletely  established  (legally  attested)  all 
expenditures  met  in  any  way  from  the  national  means,  and  (es- 
pecially also  in  conformity  with  title  VII,  section  8,  of  the 
Constitution)  as  "extraordinarily  and  unf oreseeably  "  met  from 
surpluses  of  the  existing  national  income. 

2.  In  respect  to  the  powers  of  the  Estates :  That  these  are  em- 
powered to  subject  the  attestations  to  a  careful  examination,  and 
in  so  far  as  they  gain  the  conviction,  that  either : 

(a)  The  national  income  has  not  been  realized  completely  and 
according  to  law,  or 


CONSTITUTION    OP   BAVAEIA.  75 

(h)  The  regular,  fixed,  and  extraordinary  national  require- 
ments definitely  to  be  foreseen  have  not  been  met  completely, 
correspondingly,  or  in  excess  of  the  amount  fixed  in  the  budget, 
or 

(c)  Other  expenditures  have  been  effected,  not  belonging  to 
the  category  of  extraordinary  national  requirements  unforesee- 
able at  the  time  of  grant ; 
(the}^  are  empowered)  to  oppose  these  observations  with  all  counter- 
measures  in  which  they  are  authorized  by  their  rights  of  grant,  of 
initiative,  of  complaint,  and  of  accusation. 

Sec.  VII.  Only  those  surpluses  are  really  considered  as  such  which 
result  at  the  elapse  of  the  six  years'  financial  period  after  the  com- 
plete and  corresponding  covering  of  all  regular,  fixed  national  ex- 
penses (national  requirements)  definitely  to  be  foreseen,  and  all 
necessary  national  expenses  occurring  in  the  course  of  the  financial 
period  unforeseeable  at  the  time  of  grant — that  is,  dictated  by  the 
attainment  of  a  national  object  or  demanded  by  the  true  national 
welfare.  They  are  counted  according  to  law  among  the  means  of 
security  (national  income  of  the  future  period),  as  the  cash  on  hand 
and  assets  of  all  kinds,  and  as  such  must  be  included  in  the  budget  for 
the  period  in  their  full  extent. 


BREMEN.^ 

CONSTITUTION  OF  JANUAEY  1,  1894. 

SECTION   I.  THE  STATE  OF  BREMEN    IN   GENERAL. 

ARncLE  1.  The  city  of  Bremen  and  the  territory  connected  there- 
with constitute  an  independent  State  under  the  name  of  "Free 
Hanseatic  City  of  Bremen." 

As  one  of  the  Federal  States  which  constitute  the  German  Empire 
the  State  of  Bremen  shares  the  rights  and  responsibilities  brought 
about  by  this  relation. 

2.  Acquisition  and  forfeiture  of  citizenship  are  prescribed  accord- 
ing to  the  laws  of  the  Empire. 

Every  subject  who  has  taken  the  oath  of  citizenship  is  a  citizen  of 
the  State. 

3.  The  Constitution  of  the  State  of  Bremen  is  republican. 

The  executive  power  is  exercised  as  set  forth  in  the  Constitution  by: 

(a)  The  Senate; 

(h)  The  Corporation  (Burgerschaft) . 

4.  The  administration  of  justice  is  practiced  by  courts  established 
for  this  purpose.  This  administration  is  independent  of  the  Govern- 
ment, unless  the  law  states  exceptions. 

SECTION  II.  THE  RIGHTS  OF  THE  CITIZENS  OF  BREMEN. 

5.  Personal  freedom  is  granted  to  everyone  in  the  State  of  Breihen. 

6.  Slavery  and  bondage  find  no  recognition. 

7.  Arrests  are  only  permissible  in  the  cases  and  forms  determined 
by  the  law. 

8.  Emigration  is  not  restricted  by  the  State  if  it  does  not  conflict 
with  the  obligation  of  military  service. 

9.  The  right  to  levy  duty  must  never  be  used  against  German 
States  and  only  as  retaliation  against  foreign  States. 

10.  The  domicile  is  inviolable. 

Forcible  entry,  and  especially  the  searching  of  houses,  can  only  take 
place  in  the  cases  and  forms  prescribed  by  law. 

11.  Every  trade  can  be  carried  on  freely  as  long  as  it  is  conformable 
to  law. 

12.  Every  subject  of  the  State  enjoys  complete  freedom  of  religion 
and  conscience  and  is  entitled  to  common  domestic  exercises.    How- 

»  Translation  by  Miss  Else  Gerlcke  based  on  the  text  as  found  In  Posener,  pp.  189-203. 
Revised  and  brought  up  to  dnte  by  a  comparison  with  Stoerk-Rauchhaupt,  pp.  153-166. 

76 


CONSTITUTION   OF  BREMEN.  77 

ever,  religious  convictions  can  neither  justify  the  committing  of  un- 
lawful acts  nor  excuse  from  performing  duties  as  prescribed  by  the 
law. 

The  enjoyment  of  civic  and  political  rights  is  by  no  means  either 
conditioned  or  limited  by  religious  convictions. 

13.  Everyone  is  entitled  to  express  his  opinions  by  word,  w^rit,  or 
print,  provided  he  does  not  violate  the  regulations  of  the  law  pre- 
scribed against  the  misuse  of  this  privilege. 

The  press  can  not  be  censored ;  other  limitations  through  preventive 
measures  can  only  be  introduced  by  a  law. 

14.  Everyone  is  entitled  to  go  to  competent  authorities  w  ith  written 
petitions  and  complaints.  This  privilege  may  be  practiced  singly  or 
in  groups.  This  provision  applies  to  the  armed  forces  only  in  so  far 
as  the  military  disciplinary  regulations  prevent  it. 

Decisions  regarding  these  petitions  and  complaints  must  be  sent  in 
writing,  if  requested.  Answers  refusing  these  complaints  must  be  ac- 
companied by  a  statement  of  reasons. 

15.  Everyone  who  believes  his  personal  rights  injured  by  adminis- 
trative measures  can  go  to  law  about  it. 

16.  Societies  for  common  activities,  as  well  as  meetings  in  closed 
rooms  for  peaceful  purposes  and  without  weapons  are,  according  to 
the  law,  open  to  all  subjects  of  the  State. 

IT.  All  subjects  of  the  State  are  equal  before  the  law. 

The  State  does  not  recognize  nobility  among  its  subjects. 

Titles,  offices,  merits,  and  honors  which  have  been  bestowed  upon 
a  citizen  of  Bremen  by  another  State  or  authority  are  not  recognized 
unless  the  acceptance  of  such  has  been  expressly  granted  by  the  Sen- 
ate. Even  this  fact  does  not  establish  any  exemptions,  privileges,  or 
claims  beyond  those  extended  to  subjects  of  the  State. 

18.  Ever}'  subject  of  the  State  is  eligible  for  any  office,  provided 
he  possesses  the  qualifications  required  by  the  law. 

19.  Propert}'  and  other  private  rights  are  inviolable. 

A  cession,  resignment  or  limitation  thereof  for  the  general  good 
can  only  be  demanded  in  return  for  a  just  compensation  in  the  cases 
and  forms  prescribed  by  the  law. 

All  manorial  and  similar  socage  and  revenues  can  be  redeemed  ac- 
cording to  more  definite  regulations  of  the  law. 

20.  In  case  of  war,  revolt,  uprisings,  or  other  circumstances  which 
endanger  public  order  and  safety,  the  Senate  can  annul  for  the  time 
being  the  regulations  and  the  established  laws  contained  in  this 
article  concerning  arrests,  search  of  houses,  freedom  of  the  press, 
privileges  of  meetings  and  of  societies.  It  must,  however,  give 
public  notice  of  this  immediately.  Such  an  order  is  annulled  in  the 
course  of  four  weeks,  unless  the  citizens  give  their  consent  for  a 
longer  period  within  that  time. 


78  COj^STITUTIONS  of  the  GERMAN   STATES. 

SECTION    III.    THE   SENATE   AND   CORPORATION    ( BURGERSCHAFT ) . 
1.  Organization  of  the  Senate. 

21}  The  Senate  consists  of  18  members.  Of  these  members,  10 
must  be  jurists  and  5  merchants.  The  other  3  can  not  belong  to  the 
legal  profession. 

The  number  of  the  members  can  be  reduced  to  17,  or  even  16,  ac- 
cording to  the  law.  In  the  former  case  4  must  be  merchants  and  in 
the  latter  case  3.     . 

22.  The  members  of  the  Senate  are  elected  by  the  Senate  and  the 
Corporation  according  to  more  definite  instructions  of  the  law. 

23.  Every  citizen  of  Bremen  who  is  30  years  of  age  and  possesses 
for  the  vacancy  the  qualifications  set  forth  by  the  law,  as  well  as  the 
special  required  qualifications  set  down  in  article  21,  is  eligible  for  the 
election  as  a  member  of  the  Corporation. 

On  the  other  hand,  anyone  having  failed  to  make  his  payments  is 
only  eligible  if  his  creditors  have  been  entirely  satisfied. 

No  person  can  be  elected  who  is  related  to  a  member  of  the  Senate  in 
the  ascending  or  descending  line,  or  is  his  brother,  uncle,  nephew,  step- 
father, stepson,  father-in-law,  son-in-law,  the  brother  of  the  wife, 
or  husband  of  the  sister. 

In  case  of  relationship  by  marriage,  it  makes  no  difference  whether 
or  not  the  marriage  through  which  it  arose  still  exists. 

Among  the  degrees  of  kindred  the  half-blood  descendant  finds  as 
much  recognition  as  the  whole-blood  descendant. 

But  whoever  enters  such  relationship  after  having  been  elected  to 
the  Senate  does  not  need  to  resign  his  office. 

24.  Members  for  the  Senate  are  elected  for  life. 

There  is  no  obligation  to  accept  the  election,  and  the  withdrawal 
from  membership  is  permissible  at  any  time. 

25.  If  a  member  has  become  mentally  or  physically  disabled  to 
carry  out  his  official  duties  properly,  the  Senate  must  recommend 
his  retirement.  Other  cases  whereby  a  member  is  forced  to  resign 
are  prescribed  b}'  the  law. 

26.  When  a  member  of  the  Senate  assumes  office,  he  must  bind 
himself  b}-  oath  to  the  faithful  observance  of  its  duties. 

27.  He  enjoys  a  fixed  salary  and  is  entitled  to  a  pension  in  the  cases 
as  prescribed  by  the  law. 

28.  Every  member  of  the  Senate  must  have  his  established  domicile 
in  Bremen,  or  at  least,  should  this  not  be  the  case  at  his  entrance  into 
the  Senate,  establish  it  there  within  the  next  six  months. 

29.  Members  of  the  Senate  belonging  to  the  loarninl  professions 
are  not  permitted  to  have  other  avocations.. 

30.  Two  members  of  the  Senate  are  burgomasters. 

»  Amendment  by  law  of  November  4.  1909. 


CONSTITUTION   OF   BREMEN.  79 

They  are  elected  by  the  Senate. 

p]very  burgomaster  is  elected  for  a  term  of  four  years,  starting 
^Yith  the  beginning  of  the  year.  Every  third  year  one  of  them  with- 
draws. 

The  outgoing  member  can  not  be  reelected  at  once. 

If  one  of  the  burgomasters  resigns  during  his  term,  his  successor 
is  elected  within  a  fortnight.  The  latter  holds  his  office,  if  his  ap- 
pointment to  the  post  comes  within  the  second  half  of  his  predeces- 
sor's term,  not  only  for  the  rest  of  the  time  but  also  for  the  following 
four  years.  Should  his  entrance  come  within  the  first  half  of  that 
term,  he  holds  his  office  only  until  the  end  of  that  period,  and  is  not 
eligible  for  immediate  reelection. 

A  refusal  of  the  election  or  a  resignation  before  the  end  of  the  term 
€an  onlv  bo  nccopted  with  the  consent  of  the  Senate. 

31.  One  of  the  burgomasters  is  president  of  the  Senate  for  the 
period  of  a  year.  With  the  beginning  of  the  next  year  the  otlier  bur- 
gomaster takes  his  place. 

The  president  is  reiu-OL^ented  mainly  by  the  other  burgomasters, 
and.  if  required,  by  some  other  member  chosen  by  him. 

32.  The  president  presides  over  the  administration  of  the  Senate, 
lie  has  to  see  that  the  regulations  which  are  necessary  for  the  busi- 
ness procedure  be  maintained  and  that  the  business  intrusted  to  dif- 
ferent members  of  the  Senate  be  properly  executed. 

The  Senate  must.be  informed  in  the  next  meeting  of  all  petitions 
foi'  the  Senate  sent  to  tlie  president  thereof. 

33.  All  decisions  in  legislative  and  government  affairs,  which  ac- 
cording to  their  nature  do  not  belong  to  a  special  department  of  a 
pei'uianent  board,  are  made  by  the  whole  body  of  the  Senate  accord- 
ing to  the  majority  of  votes. 

34.  Every  member  of  the  Senate  is  entitled  to  bring  up  any  ques- 
tion for  discussion  or  decision,  provided  it  is  done  in  the  manner 
prescribed  by  the  order  of  procedure. 

35.  The  management  of  the  difi^'erent  branches  of  administration 
of  the  Senate  is  given  over  by  the  president  to  standing  committees 
of  the  Senate,  or  to  individual  niembers  according  to  more  explicit 
instructions  of  the  law. 

Every  meuiber  is  as  a  rule  obliged  to  accept  the  duties  assigned  to 
him. 

The  Senate  passes  upon  all  reasons  for  refusal  or  dismissal. 

In  case  of  the  absence  of  any  member,  another  member  may  take 
his  place. 

At  discussions  or  decisions  concerning  charges  brought  against  the 
management  or  neglect  of  different  business  duties  the  members  who 
had  been  called  upon  to  perform  those  are  not  permitted  to  be  present. 


80  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

36.  Several  secretaries  of  the  Senate  have  charge  of  the  record  and 
other  office  work.  One  of  them  is  at  the  same  time  custodian  of  the 
archives. 

They  are  elected  by  the  Senate. 

37.  Detailed  regulations  for  the  procedure  are  prescribed  by  the 
Senate  according  to  the  Constitution  and  laws  by  means  of  an  order 
of  business. 

2.  Organization  of  the  Corporation  (BUrgerschaft). 

38.  The  corporation  consists  of  150  representatives  of  the  citizens. 

39.  The  representatives  are  elected  at  meetings  arranged  for  that 
purpose,  and  according  to  the  rules  for  election. 

All  citizens  of  Bremen  are  as  a  rule  electors  and  oligible. 
Exceptions  are  determined  by  the  law. 

40.  The  representatives  are  chosen  for  a  term  of  six  years.  Half 
of  the  representatives  withdraw  from  office  every  third  year. 

The  outgoing  members  are  eligible  for  immediate  reelection. 

41.  There  is  no  obligation  for  the  acceptance  of  the  election. 
Ever}^  representative  can  tender  his  resignation  before  the  term 

ends  for  which  he  is  chosen.    The  cases  in  which  he  is  compelled  to 
resign  are  prescribed  by  the  law. 

42.  If  the  elected  candidate  declines,  or  for  any  reason  should  drop 
out  before  his  entrance  into  the  Corporation,  or  resign  after  having 
taken  up  his  duties,  the  vacancy  is  filled  according  to  the  mode  of 
election. 

43.  The  representatives  serve  gratis. 

44.  They  are  not  dependent  on  any  instructions  and  have  only  to 
follow  their  own  convictions  regarding  the  welfare  of  the  State. 

45.  The  business  committee  of  the  Corporation  consists  of  a  presi- 
dent, several  vice-presidents,  and  several  secretaries.  They  are  elected 
by  the  Corporation  and  from  amongst  its  members  for  a  year's  term, 
but  the  outgoing  members  are  eligible  for  immediate  reelection. 

The  Corporation  can  appoint  for  this  business  committee  a  regis- 
trar as  a  member.  He  is  chosen  from  amongst  its  members  for  the 
duration  of  his  activity  in  the  Corporation  and  receives  a  salary  as 
prescribed  by  the  law. 

Those  elected  are  entitled  to  decline  the  election.  Any  member  of 
the  business  committee  may  tender  his  resignation  during  the  year. 

46.  The  municipal  office  {Burgera/mt)  represents  the  committee  of 
the  Corporation. 

It  consists  of  the  business  committee  and  18  other  representatives, 
who  are  elected  by  the  Corporation  according  to  more  detailed  regu- 
lations. 


CONSTITUTION   OF   BREMEN.  81 

47.  The  municipal  office  has  the  following  responsibilities : 

(a)  To  Avatch  continually  over  the  observance  of  the  Constitution, 
the  laws  and  regulations  of  the  State,  and  to  notify  the  Corporation 
in  case  of  any  lack  of  observance  or  infringement  thereof ; 

(b)  To  receive  all  communications  of  the  Senate  for  the  Corpora- 
tion and  to  send  to  the  Senate  all  information  from  the  Corporation 
for  the  Senate ; 

(c)  To  arrange  for  the  meetings  of  the  Corporation  and  to  deter- 
mine the  order  of  the  day; 

(d)  To  arrange  on  the  program  of  procedure  all  questions  sub- 
mitted to  it  in  time  and  to  announce  personally  all  propositions,  re- 
ports, and  other  communications  received  by  it  later ; 

(e)  To  notify  the  Senate  at  an  early  date  by  means  of  the  order 
of  business  of  the  arrangements  for  meetings. 

Other  duties  of  the  municipal  office  regarding  the  business  pro- 
cedure are  restricted  by  more  detailed  regulations  of  the  law  and  by 
the  business  order  of  the  Corporation. 

48.  Propositions  for  discussion  and  decision  which  do  not  come 
from  the  Senate  can  only  be  transmitted  to  the  Corporation  by  a 
representative. 

Every  representative  has  the  privilege  of  making  propositions  ac- 
cording to  the  manner  prescribed  more  fully  in  the  regulations  for 
procedure. 

49.  Meetings  of  the  Corporation  take  place  as  often  as  the  mu- 
nicipal office  deems  it  necessary.     But  it  is  compelled  to  arrange  for 
an  assembly  if,  after  having  given  notice  of  the  question  to  be  con- 
sidered, either  the  Senate  considers  it  advisable,  or  at  least  30  repre 
sentatives  have  sent  in  a  written  request. 

Written  summons  for  the  sittings  are  sent  to  each  representative 
and  not  later  than  the  day  before  the  meeting. 

If  in  individual  Cases  the  calling  of  the  meeting  should  be  so  urgent 
that  the  time  f.oi  notification  could  not  be  kept  nor  notice  be  sent  to 
representatives,  not  living  in  the  city  of  Bremen,  it  has  no  effect  on 
the  validity  of  the  resolution  passed  by  the  quorum. 

50.  At  least  50  members  must  be  present  to  make  a  quorum. 

In  exceptional  cases  a  decision  can  be  considered  as  valid  even  if 
this  number  should  not  be  present,  when  the  urgency  of  the  ques- 
tion permitted  no  delay,  and  this  fact  had  been  expressly  stated  in 
the  summons  for  the  meeting. 

If  the  Senate  moves  that  an  exception  be  made  on  account  of  the 
urgency  of  the  matter,  proceedings  can  begin. 

51.  The  meetings  of  the  Corporation  are  public.  However,  the 
Senate  is  entitled  to  ask  for  a  secret  sitting  in  cases  where  it  appears 

92975—19 6 


82  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

advisable  for  the  welfare  of  the  State;  such  sittings  are  not  joublic. 
If  at  least  20  members  of  the  Corporation  propose  a  secret  sitting, 
the  auditors  will  be  dismissed  and  it  will  be  decided  whether  or  not 
the  Corporation  considers  the  matter  suitable  for  such.  In  the 
affirmative  case  the  conference  and  decision  concerning  the  matter 
itself  are  secret;  in  the  contrary  case  the  sponsors  are  at  liberty  to 
retract  the  question  or  to  submit  it  to  a  public  council. 

If  the  question  is  retracted,  or  it  is  taken  up  for  discussion  in  a 
secret  council,  every  member  of  the  Corporation  is  bound  by  his  oath 
of  citizenship  to  keep  secret  the  matter  under  consideration  and  its 
proceedings. 

52.  The  president  opens,  presides  over,  and  concludes  the  council. 
It  is  his  duty  to  maintain  order  and  quiet  in  the  Assembly  and 

among  the  auditors.  If  the  quiet  be  disturbed  by  any  auditor,  he  may 
have  him  removed,  and  if  necessary  call  upon  the  armed  force. 

53.  Any  representative  who  has  been  elected  member  of  some  com- 
mittee can  not  as  a  rule  decline  the  election,  nor  can  he  give  up  his 
activity  in  that  committee  as  long  as  he  is  a  representative  and  the 
Corporation  does  not  authorize  him  to  do  so. 

He  is  entitled  to  decline  the  election  for  the  municipal  office  or  for 
any  other  standing  committee  if  he  has  passed  his  sixty-fifth  year 
or  holds  the  office  of  a  judge,  or  already  belongs  to  three  standing 
conamittees.  He  is  also  entitled  to  ask  for  his  dismissal  from  anj' 
standing  committee  if  he  has  reached  that  age  after  his  entrance  or 
should  accept  the  office  of  a  judge. 

Anyone  who  already-  belongs  to  six  connnittees  is  entitled  to  decline 
the  election  as  a  member  of  a  committee. 

54.  An  official  written  statement  must  be  sent  to  the  Senate  con- 
cerning all  resolutions  passed  by  the  Corporation  w^hich  follow  the 
proposals  of  the  Senate  or  are  otherwise  suited  for  information  of 
that  body. 

55.  The  more  detailed  instructions  regarding  the  procedure  in  the 
transactions  of  the  Corporation  and  of  the  municipal  office  are  left 
to  the  order  of  business,  which  is  prescribed  by  the  Corporation  ac- 
cording to  the  Constitution  and  laws,  and  are  submitted  to  the  Senate 
so  that  it  may  raise  objections  against  possible  unconstitutional  or 
unlawful  resolutions. 

3.  Activities  of  the  Senate  and  Corporation. 

56.  The  Senate  and  the  Corporation  exercise  the  power  of  the  State 
in  common,  provided  that  it  is  not  otherwise  prescribed  by  the  Con- 
stitution. However,  the  Senate  has  the  supervision  and  administra- 
tion of  all  State  affairs  as  well  as  the  executive  power  in  general,  in 
accordance  with  the  Constitution. 


CONSTITUTIOX    01'    BIMCMK.N.  83 

57.  According  to  this  the  responsibilities  of  the  Senate,  represent- 
ing the  administration  of  the  State  of  Bremen,  are : 

(a)  The  care  for  internal  as  well  as  external  safety  of  the  State; 

(b)  The  care  of  the  preservation  and  changes  of  the  Constitution 
in  accordance  with  the  spirit  of  the  time,  as  well  as  the  loyal  execu- 
tion of  all  political  treaties; 

(g)  The  supervision  ov^r  all  State  and  communal  fuiictionaries, 
over  all  institutions  established  by  the  State  or  in  its  care,  over  all 
churches  and  schools  and  charitable  institutions,  over  the  administra- 
tion of  State  and  commune  property,  as  well  as  over  the  funds  of 
churches,  schools,  and  public  charitable  institutions,  over  the  audit- 
ing and  recording  of  all  statements  regarding  such  institutions. 

Whenever  a  lack  of  observance  of  the  established  lawful  regula- 
tions has  come  to  the  notice  of  the  Senate,  it  may  request  exact  ob- 
servance by  virtue  of  its  right  of  supervision,  and  enforce  it  by 
measures  suited  for  the  case. 

(d)  The  exercise  of  the  rights  of  the  State  regarding  ecclesiastical 
affairs,  without  detriment  to  the  cooperation  of  the  Corporation  in 
legislation,  especially  in  recognizing  new  religious  societies — as  well 
as  of  the  Protestant  episcopacy  rights  in  their  traditional  form, 
without  detriment  to  the  established  rights  of  the  church  commune; 

(e)  The  representation  of  the  State  before  a  third  party; 

(/)  The  management  of  foreign  affairs,  appointments,  and  instruc- 
tions for  all  ambassadors  of  Bremen,  consuls  and  agents,  and  the 
execution  of  State  treaties  in  the  name  of  the  State ; 

(g)  The  admission  into  the  State  alliance  and  dismissal  therefrom; 

(A)  The  administering  of  every  oath  due  to  the  State; 

(^)  The  amnesty,  modifications,  and  abolition  in  criminal  matters 
according  to  previous  judgment  of  the  competent  courts ; 

(k)  The  right  of  dispensation,  as  far  as  it  is  permissible,  according 
to  the  law  or  legal  traditions; 

(J)  The  proclamation  of  laws  and  the  care  for  their  execution, 
especially  the  issuing  of  regulations  enforcing  them ; 

(m)  The  administration  of  the  police  and,  by  virtue  thereof,  the 
mandate  and  management  of  police  regulations  concerning  the  pres- 
ervation of  established  orders  and  the  immediate  securing  of  safety 
against  threatening  danger ; 

(n)  The  nomination  and  appointment,  instruction,  induction,  and 
dismissal  of  all  State  and  municipal  officers  and  teachers  of  public 
schools,  without  detriment  to  the  exceptions  and  restrictions  pre- 
scribed by  law ; 

(o)  The  disposition  of  industrial  matters,  as  far  as  this  does  not 
lie  within  the  common  province  of  the  Senate  and  the  Corporation 
or  within  the  competency  of  courts; 


84  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

{p)  The  disposition  of  a  certain  sum  for  public  or  other  general 
purposes  according  to  further  instructions  prescribed  by  law. 

58.  Matters  within  the  common  sphere  of  operation  of  Senate  and 
Corporation  are: 

{a)  The  ratification  of  the  treaties  with  foreign  Governments,  the 
contents  of  which  concern  matters  where  the  Senate  can  not  decide 
alone ; 

{h)  The  enactment,  authentic  interpretation,  modifications,  and 
abolition  of  laws  (without  prejudice  to  the  issuing  of  police  orders^ 
which  belongs  to  the  special  office  of  the  Senate  in  accordance  with 
article  57) ; 

((?)  The  establishment  of  the  principles  of  the  communal  consti- 
tutions ; 

{d)  The  general  regulations  concerning  industry,  as  well  as  the 
granting,  modification,  extension,  or  abolishment  of  trade  privileges, 
monopoly,  or  freedom  of  trade  when  it  concerns  restricted  patents; 

{e)  The  establishment  and  supervision  of  schools  and  the  regula- 
tions for  public  education  according  to  more  detailed  instructions  of 
the  law; 

(/)  The  fixation,  modification,  or  abolishment  of  public  dues  of 
every  kind ;  the  manner  of  distributing  and  raising  them,  as  well  as 
the  exemptions  or  diminution  thereof;  ' 

{g)  The  administration  of  all  public  wealth,  instructions  as  to  its 
use,  as  well  as  the  acquisition  and  alienation  of  public  property,  and 
the  use  of  State  credit; 

{h)  The  establishment,  alteration,  and  abolition  of  all  institutions 
supported  by  the  State,  as  well  as  the  supervision  thereof,  with  due 
respect  to  exceptions  prescribed  by  law; 

{i)  Supervision  of  all  public,  charitable  institutions  belonging  to 
the  State,  if  no  other  supervision  is  prescribed  according  to  its  special 
nature  or  foundation,  or  by  joint  resolution  of  the  Senate  and  Cor- 
poration ; 

{k)  The  election  of  the  Senate  members,  and  their  retirement  as 
prescribed  by  law ;  * 

(Z)  The  election  of  members  for  the  tribunals  for  lifetime'  as  pre- 
scribed by  law; 

(m)  The  creating  of  new  and  the  abolition  of  existing  offices. 

59.  These  privileges  are  exercised  in  common  by  the  Senate  ai^d 
the  Corporation  either  indirectly  through  joint  resolution,  or  directly 
through  committees  which,  excepting  the  regulations  of  article  60, 
section  2,  are  formed  by  members  of  the  Senate  and  Corporation 
(deputations). 

These  deputations  are  permanent  as  far  as  the  common  activity 
pertaining  to  the  administration  of  the  Senate  and  Corporation  or 
other  permanent  branches  of  administration  are  concerned. 


CONSTITUTION   OF   BREMEN.  85 

To  these  deputations  may  be  referred  for  preliminary  discussion 
and  approval  matters  dependent  on  a  joint  decision,  and  the  execu- 
tion of  measures  already  passed. 

60.  The  supreme  right  of  supervision  of  the  Senate  and  the  ad- 
ministration of  State  affairs  may  also  be  exercised  by  the  deputa- 
tions. 

In  addition  to  the  Senate  members  the  Senate  may  elect  jurists  of 
the  courts  as  its  commissaries  in  the  deputations  which  are  intrusted 
with  preliminary  discussion  and  approval,  as  set  forth  in  the  pro- 
visions of  article  59,  section  3. 

.Further  particulars  regarding  the  formation  and  composition,  as 
well  as  the  sphere  of  activity,  the  proceedings  and  abolition  of  the 
deputations,  are  prescribed  by  law. 

61.  The  Senate  as  well  as  the  Corporation  has  the  right  of  making 
proposals  and  decisions  upon  matters  falling  within  their  common 
sphere  of  operation. 

.62.  Their  meetings  are  distinctly  separate,  unless  determined 
otherwise. 

63.  Their  reciprocal,  official  communications  must  be  in  writing, 
if  not  determined  otherwise  by  law  or  agreement,  and  are  published 
if  they  have  been  discussed  in  a  public  meeting,  or  are  meant  for 
such. 

64.  The  Corporation  is  responsible  for  the  preservation  of  the 
Constitution,  of  laws  and  of  regulations  of  the  State,  and  for  the 
timely  development  thereof,  and  must  also  effect  the  abolition  of 
possible  deficiencies  and  prejudices  in  conformity  with  the  law. 

65.  Regarding  the  police  orders  issued  by  the  Senate  or  its  com- 
mittees, the  Corporation  is  not  only  entitled  to  remonstrate  with  thft 
Senate  in  regard  to  the  expediency  of  the  regulations  in  order  t** 
effect  an  alternation  thereof,  but  also,  insisting  that  the  orders  belong 
to  the  legislation,  to  bring  about  an  adjudication,  if  necessary,  ac- 

.cording  to  more  detailed  regulations  of  the  law. 

66.  All  measures  for  which  according  to  the  Constitution  an  agree- 
ment of  the  Senate  and  Corporation  is  necessary  can  only  be  estab- 
lished by  a  joint  resolution;  and  if  the  Senate  and  Corporation  in 
pursuit  of  their  common  sphere  of  operation  disagree  in  regard  to 
the  expediency  of  measures  concerning  the  public  welfare,  a  defini- 
tive decision  can  only  be  formed  by  a  mutual  agreement,  for  the 
expedition  of  which  each  party  is  entitled  to  request  the  appoint- 
ment of  a  deputation,  which  must  find  the  ways  for  mediation  and 
give  a  report  thereof. 

Should  there  be  a  difference  of  opinion  between  the  Senate  and 
the  Corporation  on  the  interpretation  of  the  Constitution,  or  of  a 
law  or  of  some  joint  resolution,  the  argument  must  be  submitted  to 
an  adjudication  according  to  further  instructions  of  the  law.    This 


86  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

decision  has  the  force  of  a  joint  resolution  of  the  Senate  and  the 
Corporation. 

67.  Alterations  of  the  Constitution  can  only  be  made  according  to- 
the  following  regulations  prescribed  for  the  procedure  and  the  pass- 
ing of  resolutions  {Beschlussnahme)  of  the  Senate  and  Corporation : 

{a)  The  motion  for  such  amendments  is  only  put  on  the  order  of 
the  day  in  the  Corporation  if  it  comes  from  the  Senate  or  has  been 
requested  in  writing  by  at  least  30  representatives,  according  to  the 
order  of  business.  Concerning  this  motion,  two  discussions  take  place 
in  different  sittings  of  the  Corporation.  Motions  for  amendments 
can  be  introduced  in  both  conferences  according  to  the  usual  forms, 
but  need  the  support  of  30  representatives.  At  the  conclusion  of  the 
second  discussion  the  Corporation  decides  whether  it  submits  it  for 
further  discussion. 

(h)  Should  the  Senate  give  the  consent  to  this  decision,  a  deputa- 
tion is  appointed  for  reporting.  It  is  entitled  to  make  motions  for 
amendments  regarding  the  matters  which  it  has  in  charge. 

{c)  After  the  report  is  received  the  matter  is  submitted  for  fur- 
ther discussion  and  resolutions  are  framed.  In  connection  with  this 
propositions  can  be  made  by  the  deputation.  For  the  acceptance  of 
these  the  majority  of  the  Senate  members  and  representatives,  as  re- 
quired by  law,  is  necessary.  In  the  Corporation  the  support  of  30 
members  is  necessary  for  the  introduction  of  the  measure. 

(d)  An  alteration  of  the  Constitution  is  only  then  considered  valid 
by  the  Senate  and  Corporation  if,  after  executing  the  regulations  of 
«,  &,  and  c,  it  has  been  accepted  by  the  required  majority  of  members 
in  the  different  sittings  of  the  Senate,  and  if  in  two  different  sittings 
of  the  Corporation  more  than  half  of  the  required  number  of  repre- 
sentatives declared  themselves  in  favor  of.  the  adoption. 

(e)  This  resolution  is  enforced  immediately  with  the  proclamation 
thereof. 

SECTION    IV.   THE   ADMINISTRATION    OF    JUSTICE. 

68.  The  judicial  power  can  only  be  exercised  by  the  legally  estab- 
lished courts  of  justice. 

69.  Decisions  within  their  competency  must  be  accepted  by  all  au- 
thorities. Possible  conflicts  of  competency  between  the  administra- 
tion and  courts  are  raised  and  decided  according  to  law. 

70.  A  committee,  consisting  of  members  of  the  Senate,  the  Corpo- 
ration, and  the  above-mentioned  courts,  elects  the  judicial  members 
who  are  learned  in  law,  and  live  within  the  territory  of  the  State  of 
Bremen. 

71.  The  other  regulations  concerning  the  election  and  eligibility 
for  the  office  of  a  judge  or  matters  in  regard  to  the  office  of  judges 


CONSTITUTION   OF   BREMEN.  87 

and  the  competency  of  the  courts,  are  established  by  the  law  and  by 
political  treaties  made  by  the  Senate  with  the  consent  of  the  Cor- 
poration. 

SECTION   V.  THE  COMMUNES  OF  THE   STATE  OF  BREMEN. 

72.  Every  commune  is  entitled  to  its  own  constitution. 

73.  The  principles  for  the  constitution  of  the  communes  are  estab- 
lished by  legislation. 

The  communal  constitutions  can  be  determined  according  to  these 
principles,  but  must  be  approved  by  the  Senate. 

Without  the  consent  of  the  communes,  communal  constitutions  can 
be  decreed  only  by  means  of  legislation. 

74.  The  Senate  has  supreme  supervision  over  the  communes  and 
their  offices  and  is  charged  with  the  administration  of  communal 
property. 

75.  The  city  of  Bremen,  consisting  of  the  Altstadt,  Neustadt,  and 
the  suburbs,  forms  the  commune  of  the  State  of  Bremen. 

76.  The  administration  of  the  commune  is  represented  by  the  Sen- 
ate and  the  city  Corporation  {StadthiirgerscJia.ft). 

77.  The  city  Corporation  is  composed  of  all  representatives  who 
have  been  elected  by  the  city  electors  for  the  Corporation  and  are 
members  of  the  commune. 

78.  The  administration  of  the  communal  civic  affairs  must  be 
separated  from  the  administration  of  the  State  as  soon  as  the  Senate 
and  the  Corporation  request  it. 

79.  After  concluded  separation  the  Senate  and  Corporation  enter 
into  the  same  relationship  regarding  communal  civic  affairs,  in  which 
the  Senate  and  the  Corporation  stand  regarding  matters  of  the  State. 
However,  the  Senate  and  the  Corporation  can  form  deviating  deci- 
sions at  any  time. 

80.  As  soon  as  the  separation  of  the  communal  civic  affairs  is  con- 
cluded all  property  belonging  to  the  city  and  all  profitable  claims, 
including  the  institutions  and  endowments  belonging  thereto,  are 
assigned  to  the  city  commune  for  administration  and  disposition. 

81.  Up  to  then,  unless  otherwise  prescribed  by  law,  only  State  citi- 
zens who  are  members  of  the  city  commune  of  Bremen  can  be  elected 
members  of  the  boards  of  municipal  institutions  and  endowments. 

82.  As  long  as  the  property  belonging  to  the  city  and  the  profitable 
claims  have  not  been  given  over  to  the  city  commune  the  income  there- 
from accrues  to  the  State  budget  and  the  appropriations  are  made 
from  State  funds.  The  same  applies  to  all  income  of  city  taxes 
and  to  the  appropriations  for  the  needs  of  the  city  commune. 

83.  As  soon  as  the  separation  takes  place  all  revenues  drawn  until 
then  from  the  State  budget  and  all  appropriations  that  have  been 
made  are  accepted  as  bidanced.    The  property  and  claims  which  have 


88  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

been  assigned  to  the  city  commune  are  bound  for  the  State  debts 
existing  at  that  time. 

84.  Even  before  the  separation  has  taken  place  the  Senate  and  the 
Corporation  can  establish  institutions  for  the  city  commune  and 
manage  them  separately. 

SECTION   VI.    STATE  INSTITUTIONS   FOR  THE  ADVANCEMENT  OF   COMMERCE, 
INDUSTRY,  AND   AGRICULTURE. 

85.  The  Merchants'  Convention  {KaufmanTiskonvent)  and  tho 
Chamber  of  Commerce  exist  for  the  promotion  of  commerce  and 
shipping,  as  well  as  of  the  interests  of  the  mercantile  class. 

86.  The  Industrial  Convention  and  the  Board  of  Trade  exist 
for  the  promotion  of  industry  and  of  the  interests  of  the  industrial 
class. 

87.  The  Board  of  Agriculture  exists  for  the  promotion  of  agri- 
culture, especially  of  tillage  of  the  soil  and  of  animal  husbandry. 

88.  The  following  provisions  form  the  basis  for  the  organization 
and  efficiency  of  these  institutions.  More  detailed  regulations  are  a 
subject  for  legislation. 

1.  Merchants'  Convention  and  Chamber  of  Commerce. 

89.  The  Merchants'  Convention  {Kaufmannskonvent)  is  formed  of 
members  of  the  Bremen  Exchange. 

90.  It  is  in  charge  of  all  affairs  pertaining  to  commerce  and  navi- 
gation. 

91.  The  meetings  of  the  Merchants'  Convention  are  under  the  man- 
agement and  direction  of  the  Chamber  of  Commerce.  One  of  its 
members  presides. 

92.  The  Chamber  of  Commerce  consists  of  24  members  of  the  Mer- 
chants' Convention. 

93.  The  members  of  the  Chamber  of  Commerce  are  elected  from 
the  Merchants'  Convention  for  a  number  of  years  determined  by  the 
Jaw. 

94.  The  Chamber  of  Commerce  is  the  board  of  directors  of  the  mer- 
cantile class  and  represents  it  before  a  third  party. 

95.  It  is  charged  to  take  notice  of  everything  that  would  be  advan- 
tageous to  commerce  and  navigation,  to  confer  about  it,  and  to  report 
to  the  Senate  at  its  request,  or  at  its  own  discretion,  to  propose  to  the 
competent  authorities  measures  which  seem  suited  for  the  advance- 
ment of  commerce  and  mercantile  traffic. 

96.  With  regard  to  important  matters  coming  within  the  sphere 
of  its  operation,  the  Chamber  of  Commerce  must  arrange  for  a  meet- 
ing of  the  Merchants'  Convention  and  must  submit  to  the  latter,  from 
time  to  time,  a  report  of  its  own  activity. 


CONSTITUTION"   OF  BREMEN".  89 

97.  All  laws  to  be  established  in  regard  to  a  matter  of  commerce 
and  mercantile  traffic  are  subject  to  the  approval  of  the  Chamber  of 
Commerce,  which,  if  necessary,  calls  for  a  conference  of  the  Mer- 
chants' Convention. 

98.  In  agreement  with  the  Chamber  of  Commerce  and  after  the 
hearing  of  the  Merchants'  Convention,  the  Senate  can  establish  and 
can  abolish  the  regulation  for  commerce  and  mercantile  traffic  ana 
for  the  auxiliary  branches  belonging  thereto,  and  the  taxes  required 
for  it,  provided  it  does  not  concern  the  treasury.  A  change  or  abo- 
lition of  such  regulations  can  be  made  at  any  time  by  a  decision  ol 
the  Senate  and  the  Corporation. 

99.  The  Chamber  of  Commerce  has  at  its  disposal  a  definite  sum 
in  accordance  with  further  instructions  to  be  determined  by  law. 

100.  A  committee  of  several  members  of  the  Senate  and  of  the 
Chambers  of  Commerce  is  formed  for  the  purpose  of  discussing  mat- 
ters pertaining  to  commerce  and  to  mercantile  traffic,  and  for  recip- 
rocal information  on  proposals  and  decisions  of  the  Senate  and  of  the 
Chamber  of  Commerce  regarding  them. 

101.  For  the  individual  business  branches  and  regulations,  which 
are  helpful  for  the  carrying  on  of  commerce  and  of  navigation,  there 
are  special  committees  consisting  of  several  members  of  the  Senate 
and  of  the  Chamber  of  Commerce,  who  have  the  first  supervision  oi 
such  department  and  regulations,  and  take  part  in  the  elections  ol 
their  officials. 

2.  Industrial  Convention  and  Board  of  Trade. 

102.  The  Industrial  Convention  consists  of  State  citizens  whose  pro- 
fessional activity  is  or  has  been  the  pursuit  of  a  trade  or  the  man- 
agement of  a  factory. 

103.  The  members  of  the  Industrial  Convention  are  elected  by  the 
associates  of  the  different  trades.  The  number  of  years  for  their  term 
of  office  is  determined  by  the  law. 

104.  The  Industrial  Convention  is  called  upon  to  confer  on  matters 
<;oncerning  the  interests  of  trade. 

105.  The  meetings  of  the  Industrial  Convention  are  arranged  by 
the  Board  of  Trade  and  presided  over  by  its  chairman. 

106.  The  Board  of  Trade  consists  of  members  of  the  Industrial 
Convention,  the  number  of  which  is  determined  by  law. 

107.  They  are  elected  by  the  Industrial  Convention  for  a  number  of 
years,  as  prescribed  by  law. 

108.  The  Board  of  Trade  is  called  upon  continually  to  take  notice 
of  everything  of  interest  to  industry,  to  confer  about  it  and  to  report 
to  the  Senate  at  its  request  or  at  its  own  discretion,  to  propose  to  the 
competent  authorities  measures  which  seem  suited  for  the  advance- 
ment of  trade. 


90  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

109.  For  the  discussion  of  important  matters  belonging  to  the 
sphere  of  operations  of  the  Board  of  Trade  the  latter  must  arrange  a 
conference  of  the  Industrial  Convention;  it  must  also  report  to  it 
from  time  to  time  regarding  its  own  activity. 

110.  All  laws  that  are  to  be  established  concerning  matters  of  trade 
are  subject  to  the  approval  of  the  Board  of  Trade,  which,  if  neces- 
sary, arranges  for  a  conference  of  the  Industrial  Convention. 

111.  A  definite  sum  is  at  the  disposal  of  the  Board  of  Trade  in 
accordance  with  farther  instructions  prescribed  by  law. 

3.  Board  of  Agriculture. 

112.  The  Board  of  Agriculture  consists  of  20  practical  farmers. 

113.  The  members  are  chosen  by  the  farmers  according  to  more 
detailed  instruction  of  the  law. 

114.  The  Board  of  Agriculture  must  continually  take  notice  of 
everything  that  is  of  interest  to  agriculture,  especially  to  tillage  and 
animal  husbandry.  It  must  discuss  the  means  for  advancement  or 
for  abolition  of  possible  obstacles,  and  report  to  the  Senate  at  its. 
request  or  at  its  own  discretion. 

115.  All  law^s  to  be  established  in  regard  to  agriculture  are  subject 
to  the  approval  of  the  Board. 

116.  A  definite  sum  is  at  the  disposal  of  the  Board  of  Agriculture 
in  accordance  with  further  instructions  prescribed  by  law. 


BRUNSWICK.^ 

1.  NEW  CONSTITUTION  OF  OCTOBER  12,  1832. 
[preamble.] 

We.  Wilhelm,  by  the  grace  of  God,  Duke  of  Brunswick  and  Liine- 
burg,  etc.,  being  mindful  of  our  lofty  mission  to  promote  the  happi- 
ness of  our  loyal  subjects  according  to  our  ability  and  to  insure  the 
rights  of  all,  have  deemed  necessary  a  revision  of  the  Constitution  of 
1820,  and  after  completing  our  deliberations  and  reaching  an  agree- 
ment with  our  loyal  Province,  we  issue,  with  the  consent  of  our  loyal 
Estates,  the  present  New  Constitution  as  the  fundamental  law  of  the 
land;  however,  with  respect  to  the  provisions  contained  in  sections 
109  and  110,  relating  to  the  joint  superior  court  of  appeals,  special 
reservation  is  made  of  the  agreements  to  be  concluded  in  this  regard 
with  the  Princely  Houses  of  Waldeck  and  Pyrmont,  Lippe,  and 
Schaumburg-Lippe. 

CHAPTER  1.    THE  DUCHY,  THE  FORM  OF  GOVERNMENT,  AND  THE  REIGNING 

PRINCE. 

Section  1.  (1)  Indivisibility  and  inalienability  of  the  cowatry, — 
All  the  ducal  lands  constitute  an  indivisible  State  bound  together  by 
the  same  Constitution,  and  no  component  part  of  the  Duchy  may  be 
alienated  without  the  consent  of  the  Estates,  except  boundary  rectifi- 
cations. 

Sec.  2.  (2)  Form  of  Government. — The  form  of  Government  of 
the  Duchy  is  an  hereditary  monarchy. 

Sec.  3.  (3)  Supreme  head  of  the  State. — The  Sovereign  Prince  of 
the  land,  as  supreme  head  of  the  State,  unites  in  himself  the  whole 
undivided  governmental  power  and  exercises  it  according  to  the  Con- 
stitution. 

His  person  is  sacred  and  inviolable. 

Sec.  4.  (4)  Promise  to  uphold  the  Constitution. — In  the  patent  in 
which  the  Reigning  Prince  proclaims  his  assumption  of  the  govern- 
mental power  and  commands  universal  allegiance,  he  shall  give  as- 
surance,  upon  his  princely  word,  that  he  will  observe,  uphold,  and 
defend  the  Constitution  of  the  land  and  all  its  provisions. 

The  original  patent,  under  the  hand  and  seal  of  the  Prince,  shall 
be  delivered  to  the  permanent  committee  for  custody  in  the  archives 
of  the  Estates. 

*  Translation  by  Wilfred  Stevens  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  115-151. 

91 


92  CONSTITUTIONS   OF  THE   GERMAN   STATES. 

Sec.  5.  (5)  Internal  administration. — The  entire  administration 
of  the  State  emanates  from  the  Reigning  Prince.  It  is  exercised  only 
by  virtue  of  the  power  conferred  by  him,  directly  or  indirectly,  in 
his  name,  and  is  under  his  supervision. 

No  law  of  the  land  and  no  decree  shall  take  effect  until  it  is  promul- 
gated by  the  Government  of  the  land. 

Sec.  6  (continued).  The  Eeigning  Prince  may,  in  individual 
cases,  grant  dispensations  from  the  provisions  of  the  law;  however, 
as  far  as  the  rights  of  third  persons  are  concerned,  only  with  the  con- 
sent of  such  persons. 

Sec.  7.  (6)  Foreign  relations. — The  Reigning  Prince  shall  repre- 
sent the  State  in  all  relations  with  the  German  Confederation  and 
with  other  nations. 

He  dispatches  legations  and  missions,  concludes  treaties,  and  ac- 
quires rights  thereby  for  the  Duchy,  also  binding  the  Duchy  to  fulfill 
treaty  obligations. 

Sec.  8  (continued).  As  soon  as  circumstances  permit,  the  Assem- 
bled Estates  shall  be  notified  of  such  treaties. 

The  funds  necessary  for  the  execution  of  these  treaties  shall  require 
the  sanction  of  the  Estates,  and  if  new  laws  of  the  land  are  to  be 
enacted  in  consequence  thereof,  or  the  existing  laws  repealed  or 
amended,  the  constitutional  cooperation  of  the  Estates  shall  be  neces- 
sary for  the  purpose. 

Sec.  9.  (7)  Military/  authority. — The  Reigning  Prince  has  the  ex- 
clusive control  over  the  armed  forces,  their  formation,  organization, 
training,  and  discipline. 

Without  his  permission,  no  armed  force  shall  be  formed  or  estab- 
lished in.  the  Duchy. 

Sec.  10.  (8)  Conferring  of  titles,  dignities,  etc. — The  Reigning 
Prince  shall  alone  have  the  right  to  confer  titles,  rank,  dignities, 
lawful  privileges,  elevations  of  station,  and  decorations  of  honor. 

Titles,  rank,  dignities,  privileges,  elevations  of  station,  and  deco- 
rations which  have  been  conferred  on  inhabitants  of  the  country  by 
foreign  Governments  may  be  accepted  only  with  the  consent  of  the 
Reigning  Prince. 

Sec.  11.  (9)  Relation  of  the  Duke  to  the  German  Confedera- 
tion.— As  a  member  of  the  German  Confederation,  the  Reigning 
Prince  shares  all  rights  and  obligations  flowing  therefrom. 

Sec.  12  (continued).  General  orders  and  decrees  of  the  German 
Confederation  receive  force  of  law  with  respect  to  the  Duchy  by 
being  promulgated  by  the  Reigning  Prince. 

Sec.  13.  (10)  Seat  of  the  Government. — With  the  exception  of 
urgent  cases  of  emergency,  it  shall,  not  be  permissible  to  transfer  the 
seat  of  Government  outside  the  country. 


CONSTTTTJTTON   OF  BRUNSWICK.  93 

Sec.  14.  (11)  Succession  to  the  govermnental  power. — The  gov- 
ernmental power  is  inherited  in  the  joint  Princely  House  of  Bruns- 
wick-Liineburg  according  to  lineal  descent  and  the  right  of  primo- 
geniture, primarily  in  the  male  line  from  a  legitimate  and  equal 
marriage  according  to  the  family  law. 

If  the  male  line  of  the  joint  Princely  House  becomes  extinct,  the 
governmental  power  shall  pass  to  the  female  line  according  to  the 
same  rules. 

Sec.  15.  (12)  Attainment  of  majority  hy  the  Reigning  Prince. — 
The  Reigning  Prince  becomes  of  age  upon  attaining  his  eighteenth 
year.- 

Sec.  16.  (13)  Guardianship  over  the  successor  to  the  Govern- 
ment.— A  guardianship  shall  be  established  if  the  Reigning  Prince 
is  incapable,  owing  to  minority,  of  exercising  the  governmental 
power  himself. 

Sec.  it.  {a)  Establishment  of  guardianship  for  the  minor  suc- 
cessor to  the  Government. — The  Reigning  Prince  may  appoint  the 
guardian  for  his  minor  successor. 

However,  he  shall  appoint  this  guardian  from  among  the  agnates 
of  the  house  who  are  capable  of  governing,  or,  if  special  reasons 
exist  for  departing  from  this  rule,  he  may  confer  the  guardianship 
upon  his  wife  or  his  mother,  and  only  in  case  neither  of  these  per- 
sons exists  shall  he  be  entitled  to  appoint  as  regent  a  non-reigning 
adult  prince  from  among  the  princely  houses  of  the  German  Con- 
federation. 

Sec.  18  (continued).  If  the  Reigning  Prince  has  taken  no  meas- 
ure respecting  the  guardianship,  the  latter  shall  devolve  upon  the 
next  agnate  in  the  order  of  inheritance  who  is  capable  of  governing ; 
and  in  case  the  latter  should  refuse  the  regency,  then  it  shall  be  in- 
cumbent upon  the  next  following  one,  then  upon  the  mother  of  the 
minor  Reigning  Prince,  and  finally  upon  the  grandmother  of  the 
latter  on  the  father's  side,  provided  these  persons  have  not  remarried. 

Sec.  19  (continued).  If  none  of  the  persons  whom  the  law  desig- 
nates as  guardians  should  exist,  or  if  they  should  refuse  to  accept 
the  guardianship,  the  Assembled  Estates  shall,  on  motion  of  the  Min- 
istry of  State,  select  the  guardian  from  among  the  adult  non-reigning 
princes  of  the  princely  houses  belonging  to  the  German  Confedera- 
tion. 

Sec.  20.  (&)  Promise  of  the  guardian  to  uphold  the  Constitution. — 
The  guardian  shall  proclaim,  by  means  of  a  patent,  the  institution  of 
the  tutelary  Government,  and  issue  the  promise  to  uphold  the  Con- 
stitution, according  to  the  provisions  contained  in  section  4,  for  the 
duration  of  the  guardianship. 

Sec.  21.  (c)  Extinction  of  the  guardianship. — The  guardianship 
shall  be  extinguished  as  soon  as  the  Reigning  Prince  becomes  of  age 


94  CONSTITUTIONS   or  the   GERMAN   STATES. 

and  has  proclaimed  his  assumption  of  the  reins  of  government  in  the 
manner  prescribed  by  the  Constitution  (sec.  4). 

Sec.  22.  (14)  Education  of  the  successor  to  the  Government. — If 
the  preceding  Reigning  Prince  has  made  no  provision  for  the  educa- 
tion of  the  minor  Reigning  Prince,  the  education  of  the  latter  shall 
devolve  upon  the  guardian  with  the  advice  and  consent  of  the  Min- 
istry of  State. 

The  mother  of  the  Reigning  Prince,  and  after  her  his  grandmother, 
shall  nevertheless  be  entitled  to  give  their  opinion  and  advice  in  this 
matter. 

Sec.  23.  (15)  Family  laws. — The  domestic  concerns  of  the  Ducal 
House  shall  be  regulated  by  the  Reigning  Prince,  as  the  supreme  head 
of  the  family,  by  means  of  family  laws.  The  latter  shall  not  require 
the  sanction  of  the  Estates.  However,  they  shall  not  have  the  effect 
of  modifying  any  of  the  provisions  contained  in  this  Constitution. 

CHAPTER   2.    GENERAL  RIGHTS  AND  DUTIES  OF  SUBJECTS. 

Sec.  24.  (1)  Rights  of  inhabitants — {a)  Acquisition  thereof. — He 
who  has  acquired  the  right  of  residence  ^^ithin  the  boundaries  of  the 
national  territory  is  an  inhabitant  of  the  country. 

Sec.  25.  {h)  Consequences  thereof. — All  inhabitants  of  the  coun- 
try owe  fidelity,  respect,  and  obedience  to  the  Reigning  Prince  and 
are  obliged  to  obey  the  laws  and  the  authorities  enforcing  them. 
They  enjoy  all  rights  guaranteed  by  the  Constitution  and  the  law, 
save  any  restrictions  that  may  prevail  with  respect  to  the  exercise 
of  certain  particular  rights. 

Sec.  26.^  {c)  Conditions  for  the  exercise  of  political  rights — Oatji 
of  allegiance. — Only  inhabitants  of  the  country  are  entitled  to  exercise 
political  rights  in  the  Duchy. 

All  male  inhabitants  of  the  country  are  obliged,  after  attaining 
the  age  of  21  years,  to  take  the  oath  of  allegiance,  which  shall  read : 

I  swear  loyalty  and  obedience  to  His  Serene  Highness  the  Reigning  Prince 
and  his  successors  in  the  government  of  the  land  from  the  Serene  House  of 
Brunswick,  as  well  as  obedience  to  the  laws. 

Sec.  27.  {d)  The  extinction  thereof. — The  rights  of  inhabitants  of 
the  land  shall  be  forfeited  by  emigration. 

Certain  of  the  privileges  connected  therewith  disappear  with  the 
loss  of  the  qualities  which  insure  them  or  in  consequence  of  the 
transgression  of  certain  laws. 

1  Law  amending  the  electoral  law  for  the  Imperial  Diet  of  the  North  German  Con- 
federation of  November  13,  1866,  dated  BrunswiclJ,  AugustI  3,  1867  : 

"  Section  1.  Section  1  of  the  electoral  law  for  the  Imperial  Diet  of  the  North  German 
Confederation  of  November  13  of  last  year  is  hereby  repealed  and  superseded  by  the  fol- 
lowing provision  :  '  The  right  to  vote  shall  be  enjoyed  by  every  reputable  citizen  of  a 
State  of  the  North  German  Confederation  who  has  attained  his  twenty-fifth  year  of  age.* 

"  Sec.  2,  As  far  as  the  provision  in  par.  1  of  sec.  26  of  the  New  Constitution  of 
-October  12,  1832,  opposes  the  exercise  of  the  right  of  suffrage  as  hereinbefore  provided, 
it  shall  be  put  out  of  force." 


CONSTITUTION   OF  BRUNSWICK.  95 

Sec.  28.  (2)  Aliens. — During  their  stay  in  the  national  territory 
aliens  shall  enjoy  the  protection  of  the  laws  and  are  obliged  to  ob- 
serve the  latter. 

The  administrative  authorities  shall  decide  whether,  and  if  so,  how 
long,  their  stay  in  the  country  shall  be  permitted. 

Sec.  29.  (3)  Particular  rights. —  (a)  Freedom  of  religion. — Every 
inhabitant  is  granted  absolute  freedom  of  conscience  and  of  religious 
belief,  as  well  as  the  public  profession  thereof  in  one  of  the  church 
organizations  now  permitted  in  the  Duchy ;  however,  no  one  shall  be 
allowed  to  use  his  religion  as  a  pretext  in  order  to  evade  a  legal  obliga- 
tion. External  religious  practices  are  subject  to  the  supervision  of 
the  Government. 

Sec.  30.  (b)  Freedom  of  opinion. — No  one  shall  be  held  responsible 
for  opinions  expressed,  unless  a  provision  of  law  is  violated  by  their 
expression  or  unless  they  incite  to  unlawful  acts. 

Sec.  81.  (e)  Freedom  of  the  press  a^id  of  t?ie  hook  trade. — The  free- 
dom of  the  press  and  of  the  book  trade  shall  exist,  in  accordance  with 
the  decrees  of  the  German  Confederation  and  with  the  laws  that  may 
be  enacted  against  the  abuse  of  this  freedom. 

Sec.  32.  (d)  /Security  of  person  and  property. — The  State  affords 
every  inhabitant  and  every  legally  existing  corporation  security  of 
person  and  property  and  of  other  rights,  and  does  not  subject  him 
to  any  other  restrictions  than  such  as  are  based  on  right  and  on  the 
laws. 

Sec.  33  (continued).  Only  in  the  cases  specified  by  law  or  in 
those  of  urgent  necessity  may  private  property  and  private  rights  be 
called  into  requisition  for  important  State  or  communal  purposes  by 
order  of  the  competent  administrative  authorities,  full  compensation 
being  previously  granted.  If  it  has  been  impossible  to  calculate  the 
amount  of  compensation  in  advance,  it  must  be  determined  and  paid 
subsequently  without  hesitation. 

A  dispute  regarding  the  amount  of  the  indemnity  shall  be  settled 
through  the  ordinary  legal  channels. 

Sec.  34.  (e)  Free  selection  of  calling  and  equality  of  rights  ta 
enter  the^  Goveim^ment  service. — The  choice  of  a  calling  or  industry, 
a^  well  as  of  a  preparatory  educational  institution  at  home  or  abroad, 
shall  be  free.  Difference  of  station  and  birth  shall  not  constitute  a 
ground  of  preference  in  the  filling  of  civil  offices  or  military  grades. 

Sec.  35.  (/)  Emigration. — Every  inhabitant  of  the  country  has  a 
right  to  emigrate  without  paying  an  emigrant  tax ;  however,  he  shall 
be  subject  to  the  restrictions  incident  to  the  duty  of  performing  mili- 
tary service  or  other  obligations  toward  the  State  and  private  indi- 
viduals. 


96  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Sec.  36.  (g)  Bedeemahility  of  seigniorial  and  other  real  rights. — 
All  private-law  property  burdens  (easements)  in  the  way  of  tithes, 
personal  services,  team  labor,  and  the  liability  t'o  taxes  in  the  form  of 
money  or  grain  and  to  other  taxes  and  performances  in  kind,  with 
which  the  OAvnership  of  the  hereditary  right  of  possession  of  a  piece 
of  landed  property  is  or  may  in  future  be  encumbered,  as  well  as  all 
purely  personal  services  and  performances — that  is,  such  as  are  in- 
cumbent upon  certain  individuals  not  owning  real  estate — shall^ 
without  regard  to  the  legal  basis  of  their  origin,  be  subject  to  redemp- 
tion in  such  a  way  that  their  abolition  may  be  demanded  in  considera- 
tion of  a  compensation  to  be  fixed  by  law. 

Sec.  37.  (h)  Abolition  of  feudal  rights. — All  fiefs  of  every  kintj 
situated  within  the  territory  of  the  Duchy,  whether  belonging  to  the 
Reigning  Prince,  to  public  institutions,  to  corporations,  or  to  private 
individuals,  or  whether  immediate  or  arriere  fiefs,  are  subject  to 
abolition  of  the  seigniorial  and  agnatic  feudal  bond  under  the  cir- 
cumstances still  to  be  determined  by  law.^ 

Sec.  38.  (^)  Right  of  complaint. — ^Any  person  may,  in  regard  to  his- 
own  affairs,  address  written  petitions  to  the  Reigning  Prince  and  to 
the  authorities  of  the  land  in  the  manner  stipulated  by  the  regula- 
tions and  in  conformity  with  the  method  prescribed,  and  in  the  case 
of  complaints  against  action  by  the  authorities  which  is  contrary  to 
law  or  to  regulations,  he  may  pursue  them  in  writing  up  to  the 
highest  Government  authority,  who  must  immediately  answer  the 
petition. 

Sec.  39.  (4)  Particular  duties — {a)  Government  burdens. — All  per- 
sons are  obliged  to  share  the  burdens  of  taxation  who  reside  within 
the  territory  of  the  Duchy  or  own  real  estate,  and  this  in  a  general 
way  and  according  to  principles  of  equality.  Only  remission,  each 
time  not  longer  than  for  the  duration  of  a  financial  period  (fiscal 
year),  but  not  exemptions  from  these  burdens  may  be  granted.  The 
princely  castles,  palaces,  buildings,  and  gardens,  as  well  as  the  real 
estate  and  revenues  of  the  churches  and  other  pious  institutions  (as 
far  as  such  real  estate  is  exempted  from  the  ordinary  taxes)  are  free 
from  the  Government  burdens.  « 

Sec.  40.  {h)  Service  under  arms. — All  inhabitants  of  the  country 
are  obliged,  in  the  proportion  specified  by  law,  to  perform  military 
service  in  the  defense  of  their  country  and  to  bear  arms  for  the  pro- 
tection of  their  commune. 

chapter  3.    COMMUNES. 
A. — General  provisions. 

Sec.  41.  (a)  Convmunal  disti-iets. — Every  piece  of  ground  in  the 
Duchy  must  belong  to  some  communal  district. 

*  Sec  law  on  the  entire  abolition  of  feudal  tenure  of  December  13,  1849  (Collection  oX 
Laws  No.  51,  p.  399). 


CONSTITUTION   OF  BRUNSWICK.  97 

As  far  as  these  communal  districts  are  still  cloiibtfiil,  they  shall 
be  defined  by  the  Ducal  Government  in  decrees. 

Sec.  42.,  (b)  Residents  of  communes. — Every  inhabitant  of  the 
coimtry  must  belong  to  some  commune;  that  is,  to  the  one  in  which 
he  has  his  residence  according  to  the  provisions  of  the  law. 

Sec.  43.  (c)  Inhabitants  of  Marches  {Markgenossen). — Real  estate 
owners  who  have  not  acquired  the  right  of  residence  in  a  commune 
shall  enjoy  the  same  protection  in  regard  to  their  property  as  is 
granted  to  residents,  being  also,  like  the  latter,  obliged  to  bear  the 
burdens  attaching  to  the  land. 

Sec.  44.  {d)  Formation  of  new  co)/wmnes. — No  commune  shall 
be  formed  without  the  sanction  of  the  Government,  and  without  such 
sanction  a  group  of  communes  shall  not  be  permitted  either  to  extend 
its  boundaries  by  including  other  communes  or  to  change  them  by 
creating  new  and  special  communes;  likewise  not  to  revise  on  its  own 
authority  its  legally  existing  communal  constitution. 

Sec.  45.  (e)  Property  relations. —  (1)  With  respect  to  the /State. — 
The  property  and  income  of  the  communes  and  of  their  institutions 
shall  never  be  combined  with  the  property  or  income  of  the  State. 

Sec.  46  (continued).  The  communes  shall  administer  their  prop- 
erty independently  through  their  authorities.  The  supervision  of 
the  Government  authorities  extends  only  to  seeing  that  the  adminis- 
tration in  general  takes  place  in  accordance  with  the  existing  laws, 
that  in  particular  the  communal  property  is  preserved,  that  the  in- 
come therefrom  is  employed  for  communal  purposes,  and  that  in 
distributing  the  taxes  of  the  commune  equable  principles  are  observed. 

The  Government  authorities  shall  have  a  right  to  decide  com- 
plaints made  against  the  administration  of  the  commune. 

Sec.  47.  (2)  Of  several  comnfnuncs. — In  localities  which  are  com- 
posed of  several  communes,  the  administration  of  the  property  be- 
longing to  each  commune  in  particular  and  of  the  privileges  shall 
remain  separated,  unless  the  contrary  is  ordered  by  means  of  regu- 
larly adopted  resolutions  of  the  communes  concerned. 

Sec.  48.  (3)  Of  individual  memhers  of  a  commune. — No  rights 
are  acquired,  through  mere  acceptance  into  the  commune  in  connec- 
tion with  the  right  of  residence,  to  the  communal  property  whose 
joint  use  is  contingent  upon  the  possession  of  certain  lands  in  the 
commune,  and  likeAvise  not  to  the  property  which  belongs  to  certain 
organizations. 

Sec.  49.   (/)  Communal  burdens. —  (1)  General  duties  in  connection 

therewith. — No  member  of  a  commune  or  group  of  communes  shall, 

otherwise  than  for  legal  reasons,  be  permitted  to  be  exempted  from 

the  communal  burdens  and  performances  imposed  constitutionally 

92975—19 7 


98  CONSTITUTIONS   OF  THE   GERMAN   STATES. 

upon  the  commune  or  group  of  communes,  nor  shall  any  piece  of  real 
estate  situated  therein  be  so  exempted. 

Sec.  50.  (2)  Must  he  based  on  the  law, — No  commune  shall  be 
encumbered  with  duties  of  performance  and  expenditures  to  which  it 
is  not  obligated  under  the  general  laws  or  owing  to  peculiar  legal 
conditions.  The  same  rule  applies  to  several  communes  joined  to- 
gether in  a  group. 

Sec.  51.  (3)  CoTtipensation  for  hemming  hwdens  which  belong  to 
the  cormnunity  at  large. — All  burdens  which  are  not  necessitated  by 
local  needs  of  the  communes  or  groups  of  communes,  but  rather  are 
borne  in  fulfilment  of  general  obligations  of  the  country  at  large  or 
of  certain  portions  thereof,  must,  unless  special  legal  conditions  jus- 
tify an  exception,  be  borne  by  the  country  as  a  whole  or  by  the  por- 
tions of  the  country  concerned  in  such  a  proportion  that  those  upon 
whom  the  burden  has  actually  fallen  shall  receive  compensation. 

Sec.  52.  {g)  Coimmmal  officials. — All  governing  and  other  officials 
of  communes  shall  be  obliged  to  uphold  the  Constitution  of  the  land 
and  protect  the  rights  of  the  communes  guaranteed  thereby. 

B. — Special  provisions. 

(1)  For  urban  communes. 

Sec.  53.  (a)  General  rights. — The  citizens  of  cities  and  of  places 
granted  a  city  administration  shall  be  entitled : 

(1)  To  choose  their  representatives  by  means  of  a  double  elec 
toral  act; 

(2)  Freely  to  elect  the  officials  of  the  city  administration  through 
these  representatives  and  through  the  voting  members  of  the  magis- 
tracy, and  this  within  such  limits  that  only  the  voting  members  of 
the  magistracy  shall  require  the  confirmation  of  the  Eeigning  Prince^ 

(3)  To  cooperate  through  these  representatives  in  the  administra- 
tion of  all  communal  affairs,  especially  in  all  those  which  concern 
the  property,  the  rights  and  obligations,  and  the  determination  of  the 
burdens  and  duties  to  be  borne  by  the  commune. 

Sec.  54.  (b)  City  regulatioois. — On  the  basis  of  the  provisions  ot 
this  chapter,  the  legal  relations  of  the  urban  communes  and  their 
officials  shall  be  more  particularly  and  accurately  determined  by  the 
general  city  regulations,  while  those  of  each  individual  urban  com- 
munes shall  be  determined  by  a  special  statute.^ 

(2)  For  rural  communes. 

Sec.  55.  {a)  Local  governing  officials  a7id  local  wardens. — The 
rural  communes  shall  have  a  right  to  choose  their  local  governing 

»Cf.  the  revised  city  regulations  of  March  19.  1850  (Collection  of  Laws,  No.  23,  p.  285.) 


CONSTITUTION   OF  BRUNSWICK.  99 

officials,  subject  to  ratification  by  the  governmental  authority/  They 
shall  also  have  a  right  to  choose  their  own  local  wardens  and  through 
them  to  participate  in  all  deliberations  regarding  communal  affairs, 
except  where,  on  important  subjects,  it  should  be  deemed  necessary 
to  consult  the  assembled  commune. 

According  to  these  principles  the  relations  of  the  rural  communes 
shall  be  determined  by  a  set  of  Communal  Regulations,  wherein  more 
particular  rules  shall  be  prescribed  regarding  the  selection  of  the 
local  governing  official  and  the  local  wardens.^ 

Sec.  56.2  (j)  yy^^^  settlers. 

CHAPTER  4.    THE  ESTATES  OF  THE  REALM. 

Title  1. — The  Character  and  Purposes  of  the  Estates  of  the  Realm,  and  the 
Composition  of  the  Assembled  Estates  and  of  the  Committee  of  the  Es- 
tates. 

Part  1. — Character  and  Purpose  of  the  Estates. 

Sec.  57.  The  Estates  of  the  Duchy  shall,  in  the  constitutional  pro- 
portion to  the  Ducal  Government,  represent  the  whole  body  of  the  in- 
habitants of  the  land,  and  they  are  therefore  entitled  and  obligated  to 
guard  the  constitutional  rights  and  general  interests  of  the  latter  and 
to  enforce  them  in  the  manner  prescribed  by  law. 

Sec.  58.  The  Estates  in  their  entirety  constitute  an  indivisible 
whole. 

Sec.  59.  They  exercise  their  constitutional  activity  either  in  full 
assembly  on  days  of  Diet  and  convocation  through  the  Assembled 
Estates  or,  between  Diets  and  during  their  adjournment,  through  the 
medium  of  the  Committee  of  the  Estates. 

Secs.  60-93.« 

Title  2. — Rights  and  Duties  of  the  Estates. 
^  Part  1. — General  principles. 

Sec.  94.  It  is  the  sacred  duty  of  the  Estates  of  the  Realm  conscien- 
tiously to  promote  the  welfare  of  their  native  country  within  their 
sphere  of  activity,  according  to  the  Constitution,  and  free  from  other 
considerations. 

Sec.  95.  They  are  bound  strictly  to  observe  the  Constitution  in  the 
exercise  of  their  parliamentary  rights  and  privileges  and  -shall  be 
permitted  to  concern  themselves  only  with  those  matters  which  provi- 
sions of  the  Constitution  have  assigned  to  their  sphere  of  activity. 

Sec.  96.  All  deputies  stand  on  an  equal  footing  with  respect  to  their 
parliamentary  rights  and  duties.  None  is  to  be  considered  as  the 
special  representative  of  his  station  and  class. 

1  The  regulations  for  rural  communes  of  the  Duchy  of  Brunswick  are  dated  March  19, 
1850  (Collection  of  Laws,  No.  24,  p.  349)  ;  these  regulations  (sec.  172)  abolished  the  pre- 
vious police  authority  of  owners  of  manorial  estates,  tenants  of  domains,  etc. 

2  Sec.  56  repealed  by  law  of  September  18,  1876. 

3  Part  2  :  Composition  of  the  Assembled  Estates ;  and  Part  3  :  Composition  of  the  Com- 
mittee of  the  Estates  are  superseded  by  the  provisions  of  the  law  of  November  22,  1851, 


100  CONSTITUTIOlsrS  OF  THE  GERMAN  STATES. 

"Part  2. — Particular  rights  and  duties  of  the  Assembled  Estates. 

T.    COOPERATION   IN  FINANCIAL   MATTERS. 

Sec.  97.  The  provisions  concerning  the  cooperation  of  the  Assem- 
bled Estates  in  financial  matters  are  contained  in  chapter  6. 

II.    COOPERATION   IN  LEGISLATION. 

Sec.  98.  {a)  Cases  in  which  the  consent  of  the  Estates  is  required. — 
The  consent  of  the  Estates  is  necessary — 

(1)  If  this  Constitution,  or  the  laws  enacted  together  therewith,, 
are  supplemented,  elucidated,  or  modified ; 

(2)  If  new  organic  governmental  institutions  are  established  or 
the  existing  ones  changed ; 

(3)  If  laws  of  the  land  are  enacted,  repealed,  amended,  or  authen- 
tically explained  which  relate  to  the  financial  and  revenue  system  of 
the  country,  to  military  liability  and  the  recruiting  of  soldiers,  to  the 
civil  or  criminal  law,  or  to  civil  or  criminal  procedure. 

Sec.  99.  (h)  Cases  in  which  the  opinion  of  the  Estates  is  required. — 
In  the  case  of  all  other  provisions  of  law,  notably  those  concerning 
the  police  affairs  of  the  country,  the  opinion  and  advice  of  the  Estates 
must  previously  be  heard,  and  such  laws  may  prescribe  police  penal- 
ties up  to  one  month  of  simple  imprisonment  or  fines  corresponding 
thereto. 

Sec.  100.  (c)  Form  of  the  laws. — The  laws  shall  expressly  men- 
tion in  their  preamble  that  the  consent  or  the  opinion  and  advice  of 
the  Assembled  Estates  or  of  the  Committee  of  the  Estates  have  been 
obtained. 

All  laws  promulgated  in  this  constitutional  form  by  the  Reigning 
Prince  must  be  obeyed  by  all  inhabitants  of  the  land,  all  authorities,, 
and  all  courts. 

Sec.  101.  {d)  Decrees. — Decrees,  that  is,  orders  emanating  from 
the  general  administrative  and  supervisory  right  of  the  Government 
or  which  relate  to  the  enforcement  or  application  of  the  existing  laws^ 
shall  be  issued  by  the  Government  without  the  cooperation  of  the 
Estates. 

III.    COOPERATION    IN    MILITARY    MATTERS. 

Sec.  102.  A  larger  body  of  soldiers  than  prescribed  by  the  Consti- 
tution shall  not  be  established  without  the  consent  of  the  Estates. 

Without  the  consent  of  the  Estates,  neither  the  army  nor  any  part 
thereof  shall  be  lent  to  the  service  of  a  foreign  State. 

Their  consent  shall  likewise  be  required  if  an  army  is  to  be  formed 
by  recruitment,  especially  of  foreigners. 

rv.   RIGHTS  WITH  RESPECT  TO  THE  ADMINISTRATION  OF  JUSTICE. 

Sec.  103  {a)  Independence  of  the  courts. — ^The  Estates  have  the 
right  to  maintain  the  independence  of  the  courts  within  the  limits  of 


CONSTITUTION   OF  BRUi^TSTVlCE-.  101 

their  jurisdiction,  as  this  independence  is  determined  by  the  legisla- 
tion of  the  Duchy  and  of  the  Confederation. 

Especially  shall  parties  who  believe  they  have  been  interfered  with 
in  the  judicial  prosecution  of  their  rights  through  acts  of  the  Reign- 
ing Prince  be  entitled  to  appeal  to  the  Assembled  Estates,  which  shall 
be  authorized  to  recommend  to  the  Government  that  grievances  which 
they  deem  well  founded  be  redressed. 

Sec.  104.^  (b)  Bight  to  recommend  two  coimselors  m  the  Ducal 
€ourt. 

V.    RIGHT  TO   MAKE  RECOMMENDATIONS. 

Sec.  105.  The  Assembled  Estates  are  entitled  to  make  recommenda- 
tions to  the  Reigning  Prince  in  regard  to  laws,  decrees,  and  general 
orders  and  for  the  creation  of  public  institutions;  these  recommen- 
dations shall  be  carefully  examined,  and  must  always  be  followed  by 
decisions  of  the  Prince,  accompanied  by  a  statement  of  reasons  in 
case  of  rejection. 

VI.    RIGHT  OF  JOINT  SUPERVISION  OVER  OTHER  AFFAIRS  OF  THE  COUNTRY. 

Sec.  106.  The  Assembled  Estates  are  authorized  to  address  sugges- 
tions to  the  Ducal  Government  in  regard  to  defects  or  abuses  observed 
in  legislation,  the  administration  of  justice,  or  the  administration  of 
public  affairs,  and  to  express  their  opinion  as  to  the  remedy  thereof. 

Sec.  107.  They  have  a  right  to  see  that  no  one  is  injured  in  his  con- 
stitutional rights,  and  especially  that  no  one  is  prosecuted,  arrested, 
punished,  or  otherwise  molested  in  his  freedom  or  his  property  with- 
out lawful  cause  and  without  a  due  warrant  from  the  competent 
23olice  or  judicial  authority,  and  they  may  in  such  an  event  recom- 
mend to  the  Ducal  Government  that  the  wrong  be  redressed  and  the 
guilty  party  punished. 

VII.    RIGHT  OF  IMPEACHMENT. 

Sec.  108.  (1)  Recoirvmendation  of  funishment. — The  Assembled 
Estates  may  recommend  the  punishment  of  members  of  the  Ministry 
of  State  and  of  the  Committee  of  the  Estates  who  have  become  guilty 
of  violation  of  the  provisions  of  this  Constitution  which  unquestion- 
ably apply  to  the  case  in  point. 

Such  a  recommendation  must  be  made  within  six  years  at  the  latest 
after  the  violation  has  occurred. 

In  regard  to  officials  subordinated  to  the  Ministry  of  State,  such 
recommendations  on  the  part  of  the  Assembled  Estates  shall  be  per- 
missible only  when  such  officials  are  accused  of  having  violated  the 
Constitution  where  they  are  acting  within  the  limits  of  their  own 

*  Sec.  104  repealed  by  law  on  organization  of  courts  of  January  27,  1877,  sec.  15. 


102     -'■.;;/?  JCOIhST^TUTIONS. OF  THE   GERMAN   STATES. 

responsibility,  and  when  the  recommendation  for  punishment  has 
been  presented  to  the  official  superiors  and  finally  to  the  Ministry  of 
State  and  has  remained  eight  weeks  unheeded.  In  this  case  the  rec- 
ommendation for  punishment  shall  be  made  to  the  Ducal  Court,  which 
must  cause  an  investigation  to  be  made  by  two  of  its  members  and 
render  the  first  decision,  against  which  the  regular  legal  remedies 
shall  lie. 

Sec.  109.^  (2)  Formation  of  a  Joint  Court. — If,  however,  a  rec- 
ommendation for  the  punishment  of  a  member  of  the  Ministry  of 
State  or  of  the  Committee  of  the  Estates  for  violation  of  the  Consti- 
tution is  to  be  made,  a  special  tribunal  shall  first  be  formed,  which 
shall  consist  of  seven  members  of  the  higher  courts  (colleges)  of 
justice.  Three  members  thereof  shall  be  selected  by  lot  from  among' 
the  members  of  the  Joint  High  Court  of  Appeals  on  the  recommenda- 
tion of  the  committee  or  of  the  Assembled  Estates,  and  the  other  four 
from  among  the  members  of  the  Ducal  Court,  two  by  the  Ducal  Gov- 
ernment, and  two  by  the  Assembled  Estates.  The  presidency  shall 
be  assumed  by  the  oldest  of  the  members  from  the  High  Court  of 
Appeals.  The  necessary  secretaries  shall  be  assigned  to  the  tribunal 
by  the  High  Court  of  Appeals. 

Sec.  110.  (3)  Prqcedure  and  judgrnent. — If  the  Estates  resolve  to 
recommend  an  investigation  and  punishment,  they  at  once  select  the 
two  members  of  the  tribunal  and  give  notice  to  the  Government  of 
such .  resolution  and  its  grounds,  as  well  as  of  the  selection  made, 
and  request  the  Government  to  make  the  necessary  selections  like- 
wise. At  the  same  time  they  notify  the  Joint  High  Court  of  Appeals, 
which  is  obliged  to  form  the  joint  tribunal,  and  therefore,  in  case 
the  necessary  number  of  members  of  the  Ducal  Court  should  not  be 
selected  within  four  weeks,  they  shall  cause  the  lacking  members  to 
be  designated  by  lot. 

This  tribunal  examines  first  of  all  the  question  whether  there  is 
ground  for  an  investigation,  after  the  recommendation  for  punish- 
ment, which  must  be  set  forth  in  detail,  and,  if  necessary,  be  accom- 
panied by  the  pertinent  documents,  has  been  transmitted  to  it.  If 
it  finds  that  a  ground  exists,  it  shall  institute  the  investigation,  con- 
duct the  latter  according  to  the  rules  governing  investigations,  and 

^  See  in  this  connection  the  modifying  provisions  of  the  law  of  March  19,  1850 : 

"  Sec.  2.  The  Joint  Court  to  be  formed  according  to  sec.  109  shall  also  come  into  opera- 
tion in  the  cases  designated  in  the  third  paragraph  of  sec.  108. 

It  shall  consist  of  seven  members  of  the  Superior  Court,  three  of  whom  shall  be  selected 
by  lot,  two  by  the  Ducal  Government,  and  two  by  the  assembled  Deputies  of  the  land. 
The  presidency  shall  be  assumed  by  the  senior  of  the  selected  members.  The  necessary 
secretaries  shall  be  furnished  by  the  Superior  Court. 

The  three  members  who  are  to  be  designated  by  lot  shall  be  first  elected,  then  those 
designated  by  the  Deputies,  and  finally  those  designated  by  the  Government. 

In  cases  of  impeachment  the  Court  shall  proceed  act?ording  to  the  rules  contained  in 
section  110  of  the  Constitution. 

Sec.  3.  The  provisions  of  sees.  104,  108,  109,  110,  and  231  of  the  Constitution  are 
hereby  repealed  wherever  they  are  contrary  to  the  provisions  of  the  present  law." 


CONSTITTJTION   OF  BRUNSWICK.  103 

render  its  decision  in  first  and  last  instance.  This  decision  shall  con- 
fine itself  to  answering  the  qiiestion  whether  the  accused  has  ren- 
dered himself  guilty  or  not  of  a  violation  of  a  pl^ovision  of  this  Con- 
stitution which  is  applicable  to  the  case  in  point,  leaving  the  judg- 
ment of  any  common-law  crime  which  may  be  embraced  in  the  vio- 
lation of  the  Constitution,  as  well  as  any  claims  for  damages  arising, 
therefrom,  to  the  ordinary  courts.  If  the  accused  party  is  found 
guilty,  the  immediate  consequence  shall  be  dismissal  from  the  serv- 
ice in  the  case  of  an  official  and  loss  of  deputyship  and  eligibility  in 
the  case  of  members  of  the  committee. 

The  only  legal  remedy  against  the  judgment  shall  be  restoration 
to  the  former  status  on  account  of  newly  found  facts  or  evidence. 

The  proceedings  and  the  judgment  shall  be  printed  and  published 
at  the  expense  of  the  judicial  treasury. 

Srx'.  111.  (4)  Annulment  of  an  investigation, — The  annulment  of 
an  investigation  for  violation  of  the  Constitution  is  impermissible, 
and  the  condemned  party  can  not  be  reinstated  in  the  Government 
service. 

Sec.  112.  (5)  Exclusive  jurisdiction  of  the  Assembled  Estates. — 
Only  the  Assembled  Estates  shall  decide  whether  an  investigation  for 
violation  of  the  Constitution  is  to  be  begim.  If  they  have,  by  a  regu- 
lar resolution,  approved  the  procedure  of  the  members  of  the  Minis- 
try of  State,  no  further  impeachment  by  the  Estates  shall  take  place. 

VIII.    RIGHT   OF    SELF-ASSEMBLY. 

Sec.  113.^  By  virtue  of  an  ancient  right,  the  Estates  are  entitled 
to  assemble,  deliberate,  and  adopt  resolutions  in  the  cases  expressly 
designated  by  law,  but  only  in  these  cases,  even  without  a  call  from 
the  Reigning  Prince. 

This  right  of  assembly  shall  prevail : 

(1)  In  case  of  a  sudden,  general  national  danger; 

(2)  If  the  Constitution  is  violated  and  propositions  are  to  be  made 
for  its  protection,  especially  if  the  Diet  is  not  called  together  within 
the  legal  period; 

(3)  If  lacking  members  of  the  Committee  of  the  Estates  are  to  be 
supplied ; 

(4)  tlf  vacancies  in  the  Ducal  Court  which  are  to  be  filled  by  the 
Estates  have  occurred  between  sessions;  that  is,  four  months  before 
the  meeting  of  the  next  Diet; 

{a)  If  the  office  of  provincial  syndic  has  become  vacant. 

At  such  a  session  nothing  else  shall  be  done  but  that  for  which  it 
has  convened. 

After  a  dissolution  of  the  Estates,  ordered  by  the  Reigning  Prince, 
the  right  of  assembly  before  the  Diet  is  regularly  opened  shall  not 
be  exercised,  except  in  the  case  mentioned  under  no.  1  above. 

1  Sec.  113,  No.  2,  revised  by  law  of  March  26.  1888. 


104  CONSTITUTIOIS^S   OF  THE   GERMAN   STATES. 

IX.    THE   BIGHT   TO   ACCEPT   PETITIONS. 

Sec.  114.^  The  Assembled  Estates  may  receive  petitions  and  com- 
plaints, but  complaints  against  the  autliorities  only  in  case  the  com- 
plainant proves  that  he  has  exhausted  the  whole  course  of  regular  ap- 
peals without  success. 

The  treatment  of  petitions  and  complaints  by  the  Estates  will  be 
regulated  in  the  standing  rules  of  the  body. 

X.    APPOINTMENT    OF    THE    PROVINCIAL    SYNDIC    AND    HIS    SUBSTITUTES. 

Sec.  115.2  fj^j^^  Estates  shall  have  a  right  to  appoint  a  provincial 
syndic,  who  shall  be  selected  by  a  majority  of  votes  and  in  the  manner 
prescribed  for  the  election  of  deputies.  His  appointment  shall  be 
for  life,  but  shall  preclude  the  holding  of  any  other  government  office. 

The  rules  of  the  civil-service  law  apply  to  him  only  to  the  extent 
stated  in  the  appointment. 

Sec.  1.  The  Assembled  E.st;ite«  inn.v  itppoint  n  substitute  for  the  provincial 
syndic  for  the  duration  of  their  session  in  order  to  represent  him  in  cases  when 
he  is  prevented  from  acting  or  in  order  to  assist  him,  they  having  the  right  to 
revoke  the  appointment  of  such  substitute  at  any  time. 

Sec.  2.  The  procedure  to  be  followed  in  electing  the  provincial  syndic  and 
his  substitute  shall  be  regulated  by  the  standing  rules. 

Notice  shall  be  given  to  the  Ducal  Government  of  the  electicHi  of 
the  syndic  and  his  substitutes,  the  syndic-elect  being,  sworn  into  office, 
as  well  as  taking  the  oath  of  allegiance,  before  the  Assembled  Estates 
or  their  committee. 

XI.   exemption   TROM   JUDICIAL  FEES,   REVENUE    STAMPS,    AND   POSTAGE, 

Sec.  116.  The  Estates  shall  continue  to  enjoy  exemption  from 
judicial  fees,  revenue  stamps,  and  postage. 

XII.    SEAL. 

Sec.  117.  The  Estates  have  their  own  seal. 

Part  3. — Rights  and  duties  of  the  Committee  of  the  Estates. 

[a.    GENERAL    PRINCIPLE,]  , 

S'ec.  118.  The  Committee  of  the  Estates  shall  have  the  right  and 
duty: 

(1)  During  the  interval  between  Diets  to  see  to  the  fulfilment  of 
agreements  concluded  between  the  Reigning  Prince  and  the  Estates, 

1  Text  revised  by  law  of  May  18,  1912,  article  IV. 

2  Sec.  115,  paragraphs  3  and  4,  revised  by  law  of  May  18,  1912,  article  II. 


CONSTITUTION   OF  BRUNSWICK.  105 

as  well  as  to  make  such  recommendations  to  the  Government  as  may- 
seem  necessary  to  it  in  this  regard. 

(2)  To  exercise  the  special  privileges  assigned  to  it  by  law. 

[b.  special  peivileges.] 

Sec.  119.  (1)  In  financial  matters. — The  cooperation  of  the  Com- 
mittee of  the  Estates  in  financial  matters  is  determined  in  chapter  6. 

Sec.  120.  (2)  In  legislation. — If  the  welfare  of  the  State  com- 
mands special  haste,  or  if  the  temporary  purpose  of  the  law  would 
be  frustrated  by  delay,  laws  concerning  the  finances  and  revenues  of 
the  country,  the  military  duty,  and  the  recruitment  of  soldiers  may, 
with  the  consent  of  the  committee,  be  enacted  between  diets.  The 
question  as  to  whether  the  aforementioned  conditions  are  present  shall 
be  decided  by  the  Government  under  the  responsibility  of  all  the  voting 
members  of  the  Ministry  of  State.  Laws  of  this  kind  shall  be  laid 
before  the  Assembled  Estates  as  soon  as  possible  for  approval  and 
shall  go  out  of  force  if  such  approval  is  refused. 

Sec.  121  (continued).  Single  statutes  relating  to  civil  and  crimi- 
nal law  or  to  civil  and  criminal  procedure  (but  not  whole  codes  or 
regulations  on  mortgage  redemption  or  on  the  division  of  joint  prop- 
erty) may  be  enacted  between  diets  with  the  consent  of  the  committee. 

Sec.  122  (continued).  However,  this  Constitution  or  a  law  pro- 
claimed together  with  it  shall  never  be  supplemented,  explained,  or 
modified,  or  an  organic  institution  created  or  modified,  by  the  laws 
enacted  with  the  consent  of  the  committee. 

Sec.  123  (continued).  All  laws  on  which  the  opinion  and  advice 
of  the  Estates  must  be  heard  may  be  enacted  between  diets  on  the 
opinion  and  advice  of  the  committee,  with  the  exception  of  general 
police  regulations. 

Sec.  124  (3)  Ohligatioii  to  give  reports  and  opimo7is  to  the  Gov- 
ernment. — The  Government  may,  whenever  it  deems  proper,  require 
information,  reports,  and  opinions  from  the  Committee  of  the  Estates. 

Especially  may  it  submit  to  the  approval  of  the  committee  legisla- 
tive measures  which  it  intends  to  lay  before  the  next  Assembly  of  the 
Estates. 

Sec.  125.  (4)  Right  to  call  the  Assembly  of  the  Estates. — The 
committee  is  authorized,  in  the  cases  mentioned  in  section  113,  to  call 
together  the  Assembled  Estates  for  the  purpose  of  adopting  the 
necessary  resolutions  and  making  the  necessary  elections. 

Notice  shall  be  given  to  the  Government  of  such  a  call  and  its  pur- 
poses as  soon  as  the  call  is  issued. 

Sec.  126.  (5)  Special  empowerment. — The  Assembled  Estates  maj^, 
with  the  consent  of  the  Government,  confer  special  powers  upon  the 
committee  for  particular  cases  conferring  upon  it  all  the  rights  which 
it  itself  possesses. 


106  CONSTITUTIONS  OF  THE   GERMAN  STATES. 

Sec.  127.  (6)  Other  powers. — Furthermore,  the  Committee  of  the 
Estates  has  the  supervision  over  the  archives  of  the  Estates,  the  keep- 
ing of  the  register  of  knights,  the  payment  of  the  stipends  of  the 
deputies,  the  administration  of  the  collections,  funds,  and  property 
of  the  Estates,  as  well  as  such  functions  as  are  assigned  to  it  by  the 
standing  rules. 

Title  3. — The  Diets,  the  handling  of  Business  thereat,  and  the  Proceedings  of 
the  Committee  of  the  Estates. 

Part  l.~The  Diets. 

Sec.  128.^  (1)  Ordinary  and  extraordinary  diets. — ^The  National 
Assembly  must  be  called  every  two  years  by  the  Government  to  ^ 
regular  session.  Besides^  the  Government  is  entitled  to  call  the  Na- 
tional Assembly  in  extra  session  at  any  time. 

The  regular  sessions  of  the  Diet  begin  in  January. 

Sec.  129.  (2)  Illegal  ass&mhlies. — Except  in  the  cases  mentioned 
in  section  113,  the  deputies  shall  not  be  permitted  to  meet  without 
being  called  by  the  Eeigning  Prince. 

Such  assemblies  not  called  by  the  Reigning  Prince  are  punishable 
and  their  resolutions  void. 

Sec.  130.  (3)  Calling  of  the  Assembly  of  the  Estates. — The  Reign- 
ing Prince  calls  together  the  deputies  in  a  decree  in  which  he  desig- 
nates the  date  and  place  of  meeting  and,  as  a  rule,  the  measures  in 
general  that  are  to  be  laid  before  the  Estates,  in  so  far  as  they  relate 
to  proposed  legislation. 

Sec.  131.  (4)  Opening  of  the  Diet. — The  Diet  is  opened  by  the 
Reigning  Prince  in  person  or  by  a  plenipotentiary  of  the  Reigning 
Prince,  with  the  solemnities  to  be  prescribed  by  His  Highness. 

Sec.  132.  (5)  Oath  of  the  Deputies. — At  the  opening  of  the  Diet, 
each  deputy  takes  the  following  oath : 

I  swear  loyalty  to  the  Reigning  Prince  of  the  land  and  to  his  successors  from 
the  House  of  Brunswick,  obedience  to  the  laws,  and  that  I  will  conscientiously 
exercise  and  fulfil  the  rights  and  duties  of  a  deputy. 

At  subsequent  sessions  this  oath  shall  only  be  administered  to  those 
who  are  elected  for  the  first  time  as  deputies.  Members  who  are  not 
sworn  in  at  the  opening  of  a  Diet  shall  take  the  oath,  before  the 
Assembly,  upon  entering  it. 

Sec.  133  (6).  Inadmissibility  of  instructions  and  mamdates. — In 
voting,  the  deputies  must  follow  their  own  conviction  and  their  con- 
science, based  on  a  careful  examination  of  the  matters  before  them, 
and  must  by  no  means  accept  or  observe  instructions  from  others. 
They  shall  be  permitted  to  exercise  their  rights  as  deputies  only  when 
they  appear  iii  person. 

1  Revised  by  law  of  March  2fi,  1888. 


CONSTITUTION   OF  BRUNSWICK.  107 

Sec.  134  (7).  Right  of  free  utterance. — The  members  of  the  Es- 
tates shall  have  a  right  to  utter  their  opinions  freely  during  their 
deliberations,  and  shall  be  held  responsible  for  violations  of  the 
standing  rules  only  by  the  Assembly  itself,  provided  such  violations 
do  not  constitute  a  special  crime  or  a  personal  insult.^ 

Sec.  135  (8).  Personal  inviolability  of  the  members  of  the  Assem- 
bled Estates. — No  member  of  the  Estates  may  be  arrested  during  the 
Assembly  of  the  Diet  except  by  way  of  reciprocity  or  if  he  is  caught 
in  the  act  of  committing  a  crime,  or  else  with  the  consent  of  the  As- 
sembly. In  the  two  first-mentioned  cases  the  arresting  authority 
must  at  once  give  notice  to  the  Ministry  of  State  and  the  latter  to  the 
Assembly  of  the  Estates. 

Sec.  136  2  (9).  Officers  of  the  Assembly.— ^t^c.  1.  The  Assembly 
selects  a  president  and  two  vice-presidents  from  its  midst  for  the 
duration  of  each  regular  and  extra  session,  which  officers  require  the 
confirmation  of  the  Reigning  Prince  before  assuming  their  func- 
tions. For  the  office  of  president  three  persons  shall  be  nominated, 
one  of  whom  the  Reigning  Prince  shall  confirm.  Those  who  are 
chosen  may  decline  to  accept  the  office. 

Sec.  2.  The  procedure  to  be  observed  in  electing  a  president  shall 
be  regulated  by  the  standing  orders. 

Sec.  3.  It  shall  be  permissible  to  resign  the  office  any  time  after 
accepting  it.  In  case  of  a  vacancy  in  the  office,  a  successor  shall  be 
chosen  for  the  remainder  of  the  term. 

Sec.  137  (10).  Auxiliary  personnel. — The  necessary  secretaries  and 
recording  clerks  shall  be  appointed  by  the  president  for  the  term 
of  the  Assembly,  they  being  sworn  and  instructed  to  guard  secrecy 
concerning  their  duties  and  properly  to  perform  them. 

Sec.  138.  (11)  Subjects  of  deliberation  of' the  Estates. — The  recom- 
mendations of  the  Reigning  Prince,  the  motions  of  the  deputies,  and 
petitions  which  have  been  received  and  which  are  in  accordance  with 
the  Constitution  form  the  subjects  of  the  deliberations.  Of  all  the 
matters  pending  consideration  the  recommendations  of  the  Reign- 
ing Prince  come  up  first  for  presentation  and  discussion,  and,  unless 
otherwise  agreed  between  the  Government  and  the  Estates,  they  must 
be  disposed  of  in  the  order  in  which  they  are  presented. 

Sec.  139.^  (12)  Adoption  of  resolutions — {a)  Quorum. — The  Es- 
tates when  assembled  in  session  can  not  adopt  a  resolution  unless  at 
least  two-thirds  of  the  legal  number  of  their  members  are  present. 

^  As  far  as  sec.  134  contains  provisions  which  deviate  from  the  law  of  August  9,  1867, 
or  from  sec.  59  of  the  standing  orders  of  May  30,  1871,  it  is  superseded  by  the  said  law 
first  mentioned. 

2  Text  revised  by  law  of  May  18,  1912,  article  1. 

*  Supplemented  by  law  of  May  18,  1912,  article  6,  thus  : 

"  Sec.  1.  The  Assembly  shall  be  capable  of  adopting  resolutions  if  at  least  two-thirds  the 
legal  number  of  the  deputies  are  present. 

Skc.  2.  Except  where  it  is  a  question  of  resolutions  regarding  provisions  of  the  Con- 
stitution (New  Constitution,  sec.  141),  the  adoption  of  resolutions  in  the  Assembly  shall 
be  regulated  by  the  standing  orders." 


108  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

Sec.  140.  (h)  Rule. — The  Estates  shall  adopt  resolutions  by  abso- 
lute majority  in  regard  to  matters  coming  up  for  discussion  and 
decision. 

Sec.  141.  (c)  First  exception. — If  a  motion  is  made  to  amend  this 
Constitution,  at  least  two- thirds  of  the  whole  Assembly  must  favor  it 
in  order  that  it  may  be  carried. 

Sec.  142.  (d)  /Second  exception. — If  a  change  in  the  representa- 
tion of  one  of  the  three  classes  of  society  is  to  be  made,  a  majority 
of  the  deputies  of  the  class  concerned  must  stand  on  the  side  of  the 
necessary  majority  voting  for  the  change. 

Sec.  143.  Repetition  of  such  a  motion  when  defeated. — If  such  a 
motion  is  rejected  and  then  made  again  at  the  next  Diet,  and  still 
has  a  majority  of  the  votes  of  the  interested  class  against  it,  but  all 
the  votes  cast  for  it  constitute  the  necessary  majority  of  the  votes 
of  the  whole  Assembly,  the  motion  will  be  adopted. 

Sec.  144.  (13)  Effect  of  resolutions. — The  effect  and  enforcement 
of  resolutions  shall  not  be  arrested  or  hindered  by  protests  or  by 
appeal  for  a  supreme  decision  or  otherwise,  but  every  member  of  the 
Estates  must  simply  acquiesce  in  the  result  of  the  vote.  Nevertheless, 
single  deputies  or  several  thereof  shall  be  at  liberty  to  state  their 
particular  opinion  in  writing  and  to  demand  that  their  statement  be" 
communicated  to  the  Government,  together  with  the  resolution. 

Sec.  145.  (14)  Must  he  passed  upon  hy  the  Prince. — A  resolution  of 
the  Estates  shall  not  acquire  legal  validity  until  it  has  received  the 
sanction  of  the  Reigning  Prince  and  has  been  published  as  a  law. 

Wliether  the  Reigning  Prince  wishes  to  give  his  sanction  to  the 
resolutions  and  motions  of  the  Estates  depends  on  his  own  free  dis- 
cretion. If  he  refuses  his  sanction,  the  reasons  for  his  refusal  shall 
be  communicated  to  the  ^Estates. 

Sec.  146.  (15)  Duration  of  the  Diet. — The  proceedings  of  the  Diet 
must  be  completed  within  three  months.  Only  with  the  special  con- 
sent of  the  Prince  shall  the  Diet  be  permitted  to  remain  in  session 
over  three  months. 

Sec.  147.  (16)  Adjournment^  dismissal^  and  dissolution  of  the  As- 
semhly. — The  Prince  has  a  right  to  adjourn,  dismiss,  or  dissolve  the 
assemblies  of  the  Estates  called  by  him. 

An  adjournment  for  over  three  months  is  impermissible. 

In  the  decree  dissolving  the  Assembled  Estates,  the  holding  of  elec- 
tions for  new  deputies  shall  be  ordered,  the  date  of  opening  the  As- 
sembly of  the  newly  elected  Estates,  which  must  be  within  six  months, 
being  also  fixed. 

Secs.  148-151.^  (1)  The  Committee  of  the  Estates  consists  of  seven 
deputies  who  are  selected  by  the  Assembly  from  its  midst.  For  every 
member  of  the  committee  a  substitute  is  to  be  chosen  from  among  the 
members  of  the  Assembly. 

1  Sees.  148-151  superseded  by  the  provisions  of  the  law  of  May  18,  1912,  article  3, 
secs.  1-10. 


CONSTITUTION   OF  BRUNSWICK.  109 

(2)  The  substitute  is  called  to  the  committee  whenever  the  member 
for  whom  he  is  elected  is  prevented  from  serving  or  has  retired  from 
the  assembly. 

If  the  substitute  himself  is  prevented  from  serving,  has  already 
been  called  upon,  or  has  retired  from  the  Assembly,  the  oldest  of  the 
other  substitutes  shall  be  called  in  his  stead. 

The  call  shall  take  place  by  order  of  the  president  of  the  com- 
mittee (sec.  6). 

If  a  member  of  the  committee  or  a  substitute  retires  from  the 
Assembly  during  the  session,  the  Assembly  may  immediately  elect 
another  member  and  another  substitute. 

(3)  If  more  than  seven  persons  have  retired  from  the  Assembly 
who  are  members  of  the  committee  or  substitutes,  the  committee 
shall  be  brought  up  to  its  full  number  by  means  of  new  elections 
(sec.  113,  new  Constitution). 

(4)  Every  deputy  elected  as  a  member  of  the  committee  or  as  a  sub- 
stitute shall  be  obliged  to  accept  the  election. 

(5)  The  committee  shall  be  elected  immediately  after  the  open- 
ing of  each  regular  session  of  the  Diet;  if,  after  the  dissolution  of 
the  Assembly,  an  extra  session  is  next  called,  a  reelection  of  the  com- 
mittee shall  also  take  place  immediately  after  the  opening  of  such 
session. 

(6)  As  soon  as  the  committee  is  elected,  it  must  select  a  president, 
who  shall  conduct  the  proceedings  and  appoint  reporters  for  the 
various  business  or  branches  of  business,  unless  the  provincial  syndic 
attends  to  the  reporting  in  pursuance  of  his  orders. 

At  the  same  time  a  vice-president  must  be  elected  to  take  the  place 
of  tl\e  president  in  case  he  retires  or  is  hindered  from  acting. 

The  elections  take  place  by  majority  vote.  If  no  member  ob- 
jects, the  elections  may  also  take  place  by  acclamation. 

(7)  The  committee  shall  conduct  its  business  collegially,  reach- 
ing its  decisions  by  a  majority  of  all  the  votes,  but  is  not  author- 
ized to  adopt  a  resolution  unless  at  least  five  of  its  members  or  their 
substitutes  are  present  after  having  been  called.  The  president  is 
entitled  to  A^ote  the  same  as  the  other  members,  having  the  casting 
vote  in  case  of  a  tie. 

(8)  The  committee  must  make  a  thorough  report  in  writing  to 
the  next  Assembly  regarding  all  business  coming  up  between  the 
diets. 

The  preparation  of  the  report  is  among  the  duties  of  the  provincial 
syndic. 

(9)  After  the  close  of  the  Diet,  the  committee  must,  conjointly 
with  the  Government,  prepare  the  order  proroguing  the  Diet;  after 


110  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

the  text  has  been  drafted,  the  document  is  executed  and  sealed  by 
the  Reigning  Prince,  the  president  of  the  committee,  and  the 
provincial  syndic,  and  published  in  printed  form  for  general  in- 
formation. 

(10)  The  duties  of  the  committee  cease  upon  the  opening  of  the 
diet,  which  is  under  obligation  to  select  a  new  committee  according 
to  section  5. 

The  functions  of  the  individual  members  of  the  committee  and 
of  their  substitutes  cease  upon  their  retirement  from  the  Assembly; 
however,  if  this  retirement  is  in  consequence  of  a  dissolution  of  the 
Assembly  or  of  the  holding  of  new  elections  they  shall  not  cease  until 
the  opening  of  the  next  Diet. 

The  full  powers  conferred  upon  the  committee  by  the  Assembly 
with  the  consent  of  the  Government  for  the  purpose  of  performing 
certain  particular  business  shall  extend  to  the  following  committees 
until  the  business  is  disposed  of,  as  long  as  the  powers  are  not 
revoked. 

Part  3. 

Sec.  152.  /Standing  rules. — The  details  regarding  the  proceedings 
and  the  form  of  deliberations  and  votes  in  the  Assembly  and  its  com- 
mittee are  provided  for  in  the  standing  rules  of  the  Estates  which, 
while  not  being  a  component  part  of  the  Constitution,  nevertheless 
can  not  be  altered  except  through  agreement  between  the  Reigning 
Prince  and  the  Estates. 

CHAPTER    5.    THE    SUPREME    AUTHORITIES    OF    THE   LAND    AND    THE    CIVIL 

SERVICE. 

1.    GOVERNMENT  SERVICE. 

Sec.  153.  (a)  Responsibility. — All  civil-service  employees  are  re- 
sponsible for  the  observance  of  the  laws  and  the  Constitution  within 
.  the  line  of  duties  assigned  to  them. 

Sec.  154.  (b)  Oath  of  civil-service  employees. — In  taking  the  oath 
of  office  these  employees  shall  likewise  be  sworn  to  fulfill  this  duty. 

Sec.  155.  (<?)  Counter-signature. — In  order  to  insure  the  operation 
of  the  Government  administration  in  accordance  with  the  Constitu- 
tion and  to  secure  the  Government  officials  who  are  subordinate  to  the 
Ministry  of  State  with  respect  to  their  responsibility,  measures  relat- 
ing to  national  affairs  and  bearing  the  supreme  signature  of  the 
Reigning  Prince  shall  not  be  subject  to  execution  until  the  counter- 
signature of  a  voting  member  of  the  Ministry  of  State  is  affixed 
thereto. 

Sec.  156  {d)  Responsibility  of  the  Tnerribers  of  the  Ministry  of 
State. — The  voting  members  of  the  Ministry  of  State  are  specially 


CONSTITUTION   OF   BRUNSWICK.  Ill 

responsible  for  the  constitutionality  and  legality  of  all  measures 
countersigned  or  signed  by  them. 

This  responsibility  shall  rest  upon  the  supreme  Government  offi- 
cial who  has  countersigned  or  signed,  personally  and  without  his 
being  permitted  to  invoke  a  deviating  opinion  previously  expressed 
orally  or  in  writing. 

Sec.  157  (e)  Law  on  the  Government  service. — Other  legal  ques- 
tions in  regard  to  Government  officials  are  regulated  by  the  Govern- 
ment service  law  enacted  in  connection  herewith.^ 

2.    MINISTRY   OF    STATE. 

Sec.  158.  The  authority  which,  immediately  under  the  Reigning 
Prince,  is  exclusively  intrusted  with  the  supreme  coUegial  conduct 
of  the  national  administration  is  the  Ministry  of  State. 

Ministerial  departments  exist  for  the  various  separate  adminis- 
trative branches. 

The  Ministry  of  State  shall  always  consist  of  at  least  three  voting 
members,  whom  the  Reigning  Prince  appoints  by  his  own  choice 
and  dismisses  at  will. 

3.    MINISTERIAL  COMMISSION. 

Sec.  159.  For  deliberation  in  regard  to  proposed  legislation  and 
other  important  matters,  as  well  as  for  the  decision  of  jurisdictional 
controversies  arising  between  the  administrative  authorities  and  the 
courts,  a  commission  shall  exist. 

It  shall  be  composed  of  the  voting  members  of  the  Ministry  of 
State  and  the  associates  called  upon  by  the  Reigning  Prince. 

A  special  section  of  this  commission  shall  be  intrusted  with  the 
settlement  of  disputes  regarding  jurisdiction,  consisting  of  high 
justice  officials  and  high  administrative  officials  versed  in  the  law, 
and  being  presided  over  by  the  members  of  the  Ministry  of  State 
placed  in  charge  of  the  Department  of  Justice. 

Further  details  regarding  the  organization  of  this  body  shall  be 
embodied  in  a  law. 

4.    COUNTY   BOARDS. 

Sec.  160.  The  national  administration  and  the  police  shall  be  con- 
ducted by  county  boards  directly  under  the  Ministry  of  State,  the 
organizations  and  functions  of  these  boards  being  determined  by 
law. 

1  Law  on  the  civil  Government  service  of  October  12,  1832  (Coll.  of  laws  and  decrees, 
No,  21),  contained,  with  considerable  modifications,  in  the  law  relating  to  the  dismissal 
of  Government  em.ployees,  city  officials,  church,  and  school  employees,  and  notaries 
of  December  22,  1870. 


112  CONSTITUTIONS  OF  THE  GERMAN  STATES. 

CHAPTER  6.    FINANCES. 

Sec.  161  (1)  Separation  of  the  princely  from  the  Government 
ftnances. — For  the  sake  of  promoting  a  well-regulated  financial  ad- 
ministration the  princely  finances  shall  be  separate  from  those  of  the 
State,  though  the  total  income  intended  to  meet  the  financial  needs 
of  the  State  and  arising  from  the  surpluses  from  the  crown  lands 
and  the  revenue  administration  shall  be  united. 

Sec,  162.  (2)  Domanial  property. — All  the  ducal  domains,  forests, 
and  hunting  and  fishing  grounds,  the  revenues  and  privileges  con- 
nected therewith,  as  well  as  reversionary  feudal  tenures,  and  further- 
more, the  mines  and  smelteries,  salt  pits,  glass  and  tile  works,  stone 
quarries,  lime  and  plaster  kilns,  brown-coal  plits  and  peat  bogs,  the 
chinaware  factory,  and  the  mint  shall  constitute  the  domanial 
property. 

Sec.  163.  (3)  The  foundations  of  St.  Blasius  and  Gyriacus. — -The 
property  and  privileges  of  the  foundations  of  St.  Blasius  and  Gyria- 
cus, which  foundations  Avere  abolished  by  the  main  resolution  of  the 
Imperial  Deputation  under  date  of  February  25,  1803,  shall,  subject 
to  the  pensions  granted  to  the  prebendaries,  be  incorporated  in  the 
domanial  property,  as  occurred  previously  with  respect  to  the  Abbey 
of  Gandersheim  and'  the  Monastery  of  St.  Ludgeri  near  Helmstedt. 

Sec.  164.  (4)  Legal  status  of  the  do^manial  property. — The  legal 
status  of  the  domanial  property  as  hitherto  existing,  particulary  the 
provisions  of  the  edict  of  May  1,  1794,  remain  unchanged. 

The  domanial  property  shall  therefore  continue  to  be  preserved  in 
its  entirety,  and  it  shall  be  utilized  in  a  manner  insuring  permanent 
revenues,  it  not  being  permissible  to  alienate  or  mortgage  the  lands,, 
privileges,  and  incomes  belonging  thereto  without  the  consent  of 
the  Estates. 

Alienations  without  the  consent  of  the  Estates  shall  be  null  and 
void,  the  purchaser  having  no  right  to  institute  suit  for  repayment 
of  the  purchase  price,  either  against  the  Reigning  Prince  or  against 
the  public  authorities,  but  being  obliged  to  look  onl}-  to  the  in- 
dividuals with  whom  he  has  contracted.  Even  in  case  the  money 
paid  by  him  should  be  still  on  deposit  in  a  public  treasury,  he  can 
not  claim  it. 

Sec.  165  (continued).  However,  the  necessary  preservation  of  the 
domanial  property  in  an  intact  condition  shall  not  preclude  such 
changes,  to  be  made  with  the  consent  of  the  Estates,  as  may  be  deemed 
appropriate  or  necessary  in  individual  Estates,  for  the  promotion  of 
agriculture  or  the  welfare  of  the  State  and  for  the  removal  of  dis- 
advantages, through  sale,  exchange,  or  lease.  If  any  services,  tithes, 
and  revenues  pertaining  to  the  domanial  property  are  redeemed  for  a 
money  consideration,  or  if  the  alienation  of  certain  portions  of  the 
domanial  property  is  legally  resolved  upon,  constitutional  provision 


CONSTITUTION   OF   BRUNSWICK.  113 

i^hall  be  simultaneously  made  with  regard  to  the  useful  employment 
of  the  moneys  received. 

Sec.  166  (5)  Administration  of  the  domanial  property.— The  do- 
manial property  shall  be  administered,  under  the  immediate  direc- 
tion of  the  Ducal  Ministry  of  State,  by  the  Ducal  Chamber  divided 
into  three  separate  bureaus  for  the  domains,  the  forests,  and  the 
mines.  Further  details  in  this  regard  are  given  in  the  law  enacted 
together  herewith. 

Sec.  167  (6)  Employ 7iient  of  domanial  property. — After  deducting 
the  expenses  of  administration  and  maintenance  and  the  payments 
to  be  made  in  the  way  of  sinking  fund  and  interest  on  the  domanial 
debt,  the  revenues  of  the  entire  domanial  property  shall,  as  hitherto, 
be  used  to  meet  the  needs  of  the  Prince  and  of  the  country.  The 
gradual  extinction  of  the  domanial  debt  shall  be  stipulated  by  a 
special  agreement  with  the  Estates. 

Sec.  168^  (7)  Domanial  hudget  and  accounts. — The  domanial 
budget,  prepared  for  the  administration  of  the  domanial  property 
at  the  beginning  and  for  the  duration  of  a  two-year  financial  period, 
shall  be  communicated  to  the  Estates  for  the  purpose  of  explaining 
the  item  of  receipts  -to  be  included  in  the  Government  budget  (sec. 
181)  as  derived  from  the  surpluses  of  the  domanial  property,  the 
opinions,  suggestions,  and  remarks  of  the  Estates  on  the  subject  being 
also  heard.  Similarly,  the  domanial  accounts  pertaining  to  the  finan- 
cial period  just  expired  shall,  at  the  request  of  the  Estates,  be  laid 
before  them  in  order  that  they  may  exercise  their  rights  under  the 
Constitution. 

Sec.  169  (8)  Needs  of  the  Reigning  Prince. — The  needs  of  the 
Reigning  Prince  and  of  his  household  constitute  a  first  lien  on  the 
net  proceeds  of  the  domanial  property.  The  sum  necessary  to  meet 
these  needs  and  reserved  by  the  Prince  shall  be  more  particularly 
determined  in  the  special  agreement  reached  with  the  Estates. 

The  following  are  also  reserved  for  the  needs  of  the  princely 
household : 

The  ducal  castles,  all  buildings,  gardens,  establishments,  and  inven- 
tories belonging  to  the  court,  as  well  as  the  rents  and  traditional 
tribute  in  kind  hitherto  directly  collected  from  the  office  of  the  Lord 
Marshal  and  the  office  of  Master  of  the  Horse.  The  buildings  per- 
taining to  the  princely  household  are  inseparable  from  the  land  and 
can  not  be  alienated  without  the  consent  of  the  Estates. 

Sec.  I7p  (continued).  Among  the  needs  of  the  Prince  and  of  the 
princely  house  are  included:  The  expenses  of  courtly  display,  the 
pay  and  pensions  of  the  court  servants,  the  expenses  of  the  princely 
stables,  of  the  stud  at  Harzburg,  of  the  theater  and  chapel,  the  main- 

iThe  two-year  financial  period  introduced  by  law  of  March  26,  1888,  sec,  4.  The 
financial   (fiscal)   year  begins  on  April  1. 

92975—19 8 


114  CONSTITUTION'S  OF   TiflO   GERMAN   STATES. 

tenance  of  the  castles  and  of  the  buildings,  gardens,  establishments, 
and  inventories  intended  for  the  princely  household. 

The  Estates  shall  have  no  right  of  control  over  the  employment  of 
the  sum  reserved  to  meet  these  needs,  or  over  the  use  of  the  things 
mentioned  in  section  169. 

Sec.  iTl  (9).  Appanages,  widows''  settlements,  and  cost  of  build- 
ing castles. — The  following  shall,  however,  not  be  paid  out  of  the 
aforementioned  sums: 

(1")  The  appanages  and  expenses  of  establishment  and  equipment 
for  princes  and  princesses  who  are  the  sons  and  daughters  of  the 
Reigning  Duke,  both  when  they  are  established  independently  and 
when  they  are  married. 

(2)  The  allowance  to  be  appropriated  for  the  maintenance  of  the 
widow  of  the  Reigning  Prince  according  to  her  station. 

If  higher  amounts  are  required  than  those  fixed  by  custom,  or  if 
no  custom  exists  in  this  respect,  the  expenditures  mentioned  under 
nos.  1  and  2  shall  be  fixed  by  the  Reigning  Prince  after  first  reach- 
ing an  agreement  with  the  Estates. 

(3)  The  cost  of  construction  and  original  installation  of  a  resi- 
dential castle  in  the  capital  city,  which  shall  be  specially  appropri- 
ated by  the  Estates  and'  credited  against  the  domanial  property. 

Sec.  172  (10).  Needs  of  the  country. — The  surpluses  from  the 
domanial  administration,  together  with  other  revenues  collected  into 
the  domanial  treasury,  particularly  rents  from  fiefs,  tolls,  meterage, 
and  warehouse  receipts,  lottery  license,  judicial  fees;  pike,  road, 
pavement,  and  bridge  tolls;  and  postal  receipts,  flow  into  the  prin- 
cipal treasury  and,  together  with  the  revenues  from  taxation,  are 
used  to  meet  the  needs  of  the  country. 

Sec.  173  (11).  Levying  of  taxes — {a)  Right  and  duty  to  levy. — 
The  Estates  have  the  right,  and  it  is  also  their  duty,  to  appropriate 
the  funds  necessary  to  accomplish  the  purposes  of  the  State,  in  so  far 
as  these  funds  are  not  derived  from  the  surpluses  of  the  domanial 
property  and  the  other  Government  estates. 

They  shall  in  particular  never  be  permitted  to  refuse  the  appro- 
priations required  to  meet  those  expenditures  which  can  be  demanded 
on  the  basis  of  obligations  arising  in  accordance  with  the  Constitution. 

Sec.  174  (continued).  No  general  tax  or  national  obligation  shall 
be  decreed,  imposed,  collected,  or  changed  without  the  consent  of  the 
Estates. 

It  makes  no  difference  in  this  regard  what  things  sucji  general 
national  taxes  and  obligations  may  affect,  whether  they  are  imposed 
upon  real  estate,  fortunes,  individuals,  industries,  or  the  consumption 
of  food  and  other  consumables.  This  right  of  taxation  also  relates 
to  taxes  and  services  which-  affect  the  carrying  on  of  commerce  and 
industry  or  which  are  necessary  for  the  execution  of  police  arrange- 


CONSTITUTION   OF  BRUNSWICK.  115 

ments  and  measures,  and  particularly  to  road  moneys,  tolls,  ware- 
house dues,  and  also  judicial  fees. 

Sec.  175  (b)  Extent  of  the  right  to  impose  taxation. — The  right 
of  taxation  of  the  Estates  extends,  in  its  exercise,  not  only  to  the 
character  and  amount  of  the  public  taxes  and  services  but  also  to 
the  principles  and  conditions  according  to  and  under  which  they  are 
to  be  imposed  upon  and  distributed  among  things  and  persons,  as 
well  as  to  the  duration,  the  mode  of  collection,  and  the  employment 
of  the  taxes  to  be  levied. 

Sec.  176  (c)  Mode  of  decreasing  toaces. — After  an  agreement  has 
been  reached  on  all  these  matters  between  the  Government  and  the 
Estates,  the  tax  authorized  is  decreed  and  its  collection  ordered,  in 
accordance  with  said  agreement,  by  means  of  a  law  to  be  published 
in  the  usual  manner  and  "  with  a  reference  to  the  consent  of  the 
Estates." 

Sec.  177  ^  {d)  Duration  of  tax. — All  taxes  are  authorized  for  the 
duration  of  a  regular  financial  period  of  two  years,  after  the  expira- 
tion of  which  they  may  be  collected  for  a  maximum  of  one  year, 
which  must  be  reckoned  in  the  new  financial  period. 

However,  taxes  authorized  for  a  shorter  period  shall  cease  upon 
the  expiration  of  such  period,  and  those  authorized  for  a  temporary 
purpose  upon  the  attainment  of  the  latter. 

Sec.  178  (continued).  The  taxation  policy  shall  nevertheless  not 
oecome  extinguished,  the  newly  authorized  taxes  being  levied  during 
the  following  financial  period  on  the  basis  of  the  existing  taxation 
policy  until  otherwise  provided  in  regard  to  the  modification  thereof 
or  in  regard  to  the  introduction  of  a  new  system  of  taxation  in  con- 
formity with  the  Constitution. 

Sec.  179  (continued).  The  duration  of  the  period  of  tax  collection 
stipulated  in  section  177  may  be  prolonged  with  the  consent  of  the 
Estates  in  the  case  of  indirect  taxes  and  those  levied  on  commerce, 
and,  furthermore,  all  taxes  of  this  kind  which  have  been  decreed, 
according  to  the  taxation  policy  hitherto  prevailing,  by  the  National 
Government  without  the  cooperation  of  the  Estates,  and  whose  main- 
i:enance  by  the  Government,  unchanged,  is  guaranteed  under  the  exist- 
ing commercial  treaties,  shall  continue  during  the  life  of  such  treaties. 

Sec.  180.  (e)  Exceptions  from  the  right  of  the  Estates  to  levy 
taxes. — By  way  of  exception,  those  extraordinary  general  taxes  and 
services  shall  be  imposed  upon  and  borne  by  the  country  without  the 
authorization  of  the  Estates  which  are  necessary : 

(1)  For  the  purpose  of  averting  a  sudden  general  national 

peril ; 

(2)  For  the  purpose  of  fulfilling  the  Federal  obligations ; 

'  Of.  uote  to  sec.  168. 


116  CONSTITUTIONS   OF  THE   GERMAN   STATES. 

the  reasons  for  levying  the  taxes  and  burdens  in  snch  cases  being 
always  laid  before  the  Committee  of  the  Estates. 

Nevertheless,  the  mode  of  raising  the  funds  required  for  these  pur- 
poses must  be  approved  by  the  Estates  in  the  constitutional  manner. 

Sec.  181  (continued).  Communal  and  local  taxes. — It  shall  likewise 
be  unnecessary  to  obtain  the  approval  and  consent  of  the  Estates  for 
the  collection  and  distribution  of  taxes  and  expenditures  which  by 
their  nature  devolve  upon  single  communes,  cities,  villages,  and  dis- 
tricts, and  which  are  to  be  regulated  by  the  authorities  concerned 
according  to  the  provisions  of  the  laws  and  to  traditional  usage,  or^ 
in  the  absence  of  such,  according  to  rules  prescribed  by  the  Govern- 
ment. 

Sec.  182.  (12)  Board  of  Taxation, — The  administration  of  the  taxes 
and  of  all  national  contributions  belonging  under  that  head  is  in- 
trusted to  the  Board  of  Taxation,  whose  organization  and  functions 
are  determined  in  the  law  enacted  together  herewith. 

Sec.  183.  (13)  Board  of  Finance. — The  supreme  direction  of  all 
financial  matters,  the  supervision  of  accounts  and  treasury,  and  the 
exercise  of  general  financial  control  are  intrusted  to  the  Board  of 
Finance,  regarding  whose  organization  and  business  administration 
the  law  enacted  in  connection  herewith  provides  the  further  details. 
The  principal  treasury,  into  which  flow  all  the  revenues  intended  for 
meeting  the  needs  of  the  country,  is  subordinate  to  this  board  and 
obliged  to  proceed  solely  in  accordance  with  its  instructions. 

Sec.  184^  (14).  Government  hudget. — The  basis  of  the  general 
financial  administration  intrusted  to  the  Board  of  Finance  is  the  Gov- 
ernment budget,  which,  before  the  beginning  of  the  biennial  financial 
period  and  for  the  duration  thereof,  is  made  up  from  the  special  bud- 
gets of  receipts  and  expenditures  of  all  the  various  individual  ad- 
ministrative branches. 

Sec.  185  (continued).  In  conjunction  with  the  Government,  the 
Estates  have  the  right  to  fix  the  Government  budget  in  its  several 
sections.  However,  the  employment  and  distribution  of  the  sums  ap- 
propriated as  a  whole  for  each  single  section  are  left  to  the  deter- 
mination of  the  Government,  and  if  the  employment  is  only  for  this 
one  section  without  exceeding  the  fixed  special  budgets,  the  Estates 
shall  not  be  permitted  to  make  any  observation  against  a  deviation 
that  has  occurred  from  the  individual  items  thereof,  though  they  may 
require  a  demonstration  of  the  appropriateness  of  such  deviation. 

Sec.  186  (15).  Loan-hank  institution. — The  loan-bank  institution, 
which  has  hitherto  existed  as  an  independent  institution  under  the 
supreme  supervision  of  the  Reigning  Prince,  shall  be  taken  over  by 
the  Government,  together  with  its  assets  and  liabilities,  and  continue 
to  exist  under  the  Government's  guaranty.     It  shall  to  this  end  be 

1  Cf.  note  to  sec.   168  ;  furthermore  modified  by  law  of  July  1,  1904. 


CONSTITUTION   OP  BRUNSWICK.  117 

directly  subordinated  to  the  Board  of  Finance,  and,  besides  its  origi- 
nal purpose,  which  shall  also  continue  to  be  fulfilled  in  future  in 
accordance  with  the  loan-bank  regulations,  it  shall  constitute  an 
auxiliary  credit  institution  for  the  Government  and  operate  in  ac- 
cordance with  the  instructions  of  the  Board  of  Finance. 

The  profits  realized  from  the  operations  of  the  institution  shall 
be  added  to  the  Government  revenues. 

Sec.  187.  (16)  Government  loans. — Government  loans  can  not  be 
contracted  without  the  consent  of  the  Estates.  An  agreement  must  be 
reached  with  the  Estates  concerning  the  amount,  conditions,  and  re- 
payment thereof. 

Matters  relating  to  the  national  debt  shall  also  be  regulated  accord- 
ing to  joint  resolutions. 

Sep,.  188.  (17)  Supervldort  of  -fiiiancial  matters. — The  Estates 
have  the  right  of  supervision  over  financial  matters,  and  consequently 
the  Government  financial  accounts  of  expired  financial  periods  shall 
be  submitted  to  them  in  order  that  they  may  exercise  their  constitu- 
tional right. 

Sec.  189.  (18)  Powers  of  the  Committee  of  the  Estates  in  financial 
matters — {a)  Regular  powers. — The  committee  is  intrusted  with 
joint  sv.pervision,  together  with  the  Estates,  over  the  financial  admin- 
istration to  the  extent  that  the  preliminary  estimates  of  the  Gov- 
ernment budget  of  the  second  and  third  year  of  each  financial  period 
are  communicated  to  it  for  deliberation,  as  are  also  the  accounts  of 
the  single  expired  financial  years  for  inspection. 

P^urthermore,  if  special  circumstances  render  necessary  or  advis- 
able the  alienation  of  a  piece  of  Government  property,  the  committee 
may  grant  the  consent  of  the  Estates,  provided  the  property  to  be 
alienated  does  not  exceed  a  value  of  10,000  thalers.  However,  an 
agreement  nmst  at  the  same  time  be  reached  as  to  the  employment  of 
the  price  received. 

Sec.  190  (Z>).  ExtraardiTiary  powers. — If  extraordinary  events  ren- 
der the  timely  convening  of  the  Diet  impossible,  or  if  there  is  danger 
in  delay,  and  the  ordinary  appropriations  and  funds  are  insufficient  to 
accomplish  the  purposes  of  the  Government  and  to  preserve  the 
national  welfare,  it  shall  be  possible,  with  the  consent  of  the  Commit- 
tee of  the  Estates — 

(1)  To  increase  the  taxes  and  levy  new  taxes,  though  not  longer 
than  six  months,  and 

(2)  To  conclude  Government  loans  up  to  the  amount  of  100,000 
thalers. 

However,  all  measures  taken  by  the  Government  in  consequence 
of  such  an  agreement  and  the  reasons  for  such  measures  shall  be  laid 
before  the  Assembled  Estates  as  soon  as  possible  by  the  Government. 


118  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Taxes  authorized  in  this  manner  shall  cease  to  be  in  force  the 
moment  the  Assembled  Estates  refuse  to  grant  them  their  sanction. 
Government  loans  of  this  kind  are  valid,  but,  nevertheless,  if  one 
has  been  authorized  up  to  the  amount  indicated  above,  a  new  loan 
can  not  be  made  until  the  Estates  are  convoked. 

The  question  as  to  whether  the  convening  of  the  Estates  is  impos- 
sible or  whether  there  is  danger  in  delay  shall  be  decided  by  the 
Government,  but  under  the  responsibility  of  all  the  voting  members 
of  the  Ministry  of  State,  by  all  of  whom  the  orders  to  be  issued  are 
therefore  to  be  countersigned. 

CHAPTER   7.    ADMINISTRATION   OF  JUSTICE. 

Sec.  191  (1).  Jurisdiction. — All  jurisdiction  emanates  from  the 
Reigning  Prince.     Patrimonial  jurisdiction  is  abolished. 

Sec.  192.  (2)  Separation  of  judicial  from  adinrbmistrative  func- 
tions.— The  administration  of  civil  and  criminal  justice  shall,  with 
the  exception  of  the  matters  assigned  by  law  to  particular  judges,  and 
of  acts  of  voluntary  jurisdiction,  be  exercised,  as  hitherto,  separately 
from  the  national  administration  and  by  collegiall}^  formed  courts, 
according  to  the  successive  stages  of  appeal  established  b}^  law. 

Every  judicial  decision  must  be  accompanied  by  a  statement  of  th0 
grounds  on  which  it  is  based. 

Sec.  193.  (3)  Independence  of  the  courts. — The  courts  are  subject 
to  the  supreme  supervision  of  the  Reigning  Prince  in  their  official 
conduct,  but  are  independent  in  tlieir  adjudication  of  lawsuits  within 
the  limits  of  their  jurisdiction.  They  therefore  decide  at  all  stages 
of  procedure  with  full  freedom  of  opinion,  and  if  necessary  are  pro- 
tected in  the  exercise  of  their  functions  by  the  assistance  of  the  civil 
and  military  authorities.  The  penal  sentences  of  the  courts  do  not* 
require  any  confirmation  by  the  Reigning  Prince,  nevertheless  the 
application  of  the  severe  and'painful  penalties  designated  by  the  law 
shall  take  place  only  after  sanction  by  the  Prince. 

Sec.  194.  (4)  Cooperation  of  the  police  authorities. — The  police 
authorities,  independent  within  their  sphere  of  activity,  at  the  same 
time  lend  assistance  to  the  judicial  authorities  in  securing  the  rights 
of  the  inhabitants  of  the  country  and  in  carrying  out  judgments  of 
the  courts.  In  case  of  crimes  they  also  pursue  the  perpetrators  and 
cooperate  in  ascertaining  the  facts.  They  never  pass  judgment  on 
the  deed. 

Sec.  195.  (5)  Administrative  acts.—T\iQ  measures  taken  by  non- 
judicial authorities — that  is,  by  administrative  authorities  and  officials 
within  the  sphere  of  action  assigned  to  them  and  separated  from  the 
administration  of  justice — do  not  come  within  the  competency  of  the 
courts  and  must  not  be  hampered  by  the  courts  in  their  execution. 


CONSTITUTION^   OF  BRUNSWICK.  119 

Sec.  196.  (6)  Conflicts  of  jurisdiction. — The  decision  as  to  Avhether 
a  case  is  subject  to  the  jurisdiction  of  the  courts  belongs  primarily 
to  the  judge.  If  a  court  declares  that  it  has  jurisdiction,  while  an 
administrative  authority  questions  its  jurisdiction,  such  adminis- 
trative authority  may  stay  further  judicial  proceedings  by  entering 
a  protest  before  the  court,  in  which  its  grounds  are  set  forth. 

Further  details  in  connection  with  the  proceedings  in  such  cases 
shall  be  embodied  in  a  law. 

Sec.  197.  (7)  Suits  for  damages  against  the  Government. — The 
question  as  to  what  damages  are  due  from  the  Government  to  persons 
whose  vested  rights  have  been  injured  through  acts  of  the  govern- 
mental and  administrative  authorities  falls  solely  to  the  decision  of 
the  courts  Avithout  the  admissibility  of  any  conflict  of  jurisdiction. 

The  constitutional  enactment  of  provisions  of  law  shall  ndt  give 
title  to  any  ether  indemnity  than  that  provided  in  the  law. 

Sec.  198.  (8)  Legal  affairs  of  the  fihc. — The  fisc,  as  representing  all 
rights  and  obligati(!ns  concerning  the  property  and  revenues  of  the 
State,  is  subject  to  the  ordinary  courts  in  matters  of  litigation.  The 
execution  of  the  judgment  of  the  court  shall  be  decreed  against  the 
authority  and  treasury  designated  in  the  judgment. 

Sec.  199  (9)  Restriction  of  the  privileges  of  the  fisc. — The  privi- 
leges hitherto  belonging  to  the  fisc  wdth  respect  to  judicial  prosecu- 
tion of  its  claims  as  against  private  individuals  are  hereby  abolished. 

Ji.  right  of  preference  or  tacit  lien  is  enjoyed  by  the  fisc  only  in 
regard  to  public  taxes. 

Sec.  200.  (10)  Equality  before  the  law. — All  citizens  of  the  country 
are  alike  before  the  law.  A  privileged  status  before  the  courts  is  and 
remains  abolished. 

Sec.  201.  (11)  Legal  protection. — No  one  shall  be  deprived  of  his 
lawful  judge,  whether  in  civil  or  criminal  cases,  or  be  otherwise  hin- 
dered in  instituting  and  prosecuting  legal  proceedings  before  the 
courts.  The  high  judicial  authorities  may,  however,  charge  particu- 
lar members  of  the  court,  or  another  subordinate  court,  with  pro- 
ceedings and  investigations  preliminary  to  the  rendition  of  judg- 
ment; furthermore,  in  extraordinary  and  urgent  cases,  if  the  number 
of  ordinary  members  of  the  competent  court  is  not  sufficient,  it  may 
be  replenished  with  members  from  other  courts. 

Sec.  202.  (12)  L.egal  prosecution. — Every  arrested  person  must 
be  given  a  hearing  within  24  hours  after  his  arrest,  be  notified  of  the 
legal  cause  of  the  arrest,  and,  in  case  this  cause  continues  to  exist, 
be  turned  over  to  his  competent  judge  without  delay. 

The  latter  shall  grant  a  petition  on  the  part  of  the  arrestee  for 
release  on  bail,  unless  strong  indications  exist  of  a  grave  penal  offense 
on  his  part. 


120  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Sec.  203.  (13)  Rights  of  accused  persons. — No  accused  person 
shall  be  denied  the  right  of  complaint  during  investigation  or  the 
right  of  defense  or  the  right  to  have  his  demand  for  a  judgment 
granted. 

Sec.  204.  (14)  Protection  against  prolongation  of  arrest. — Tho 
judicial  and  police  authorities  of  the  country,  to  Avhom  the  constitu- 
tional protection  of  civil  freedom  is  intrusted,  are  responsible,  in 
investigations  being  conducted  against  accused  persons  under  arrest, 
that  their  retention  in  custody  should  not  last  any  longer  than  the 
investigation  of  the  crimes  and  the  application  of  the  penalty  re- 
quire. Especially  is  the  duty  imposed  upon  the  higher  courts  to 
watch  strictly  over  the  observance  of  this  rule  and  to  punish  viola- 
tions thereof. 

Sec*  205  (15).  Crimes  committed  ahroad. — Citizens  of  the  country 
who  have  committed  punishable  acts  abroad  shall  not  be  brought 
to  trial  and  punishment  in  this  territory  unless  such  acts  are  punish- 
able under  common  German  criminal  law. 

The  courts  of  this  country  shall  not  be  permitted  to  proceed  against 
foreigners  who  have  committed  crimes  abroad,  unless  a  crime  has 
l)een  committed  against  this  Government  or  against  citizens  of  this 
country,  or  in  consequence  of  an  authorization  received  from  this 
Government. 

Sec.  206  (16).  Extradition  of  criminals. — The  extradition  of  citi- 
zens of  the  country  to  foreign  governments  shall  not  take  place.. 

Foreigners  shall  not  be  extradited  to  foreign  governments  without 
the  consent  of  the  home  Government. 

Such  extradition  shall  not  be  refused  if  it  is  requested  by  the  Gov- 
ernment of  one  of  the  States  of  the  German  Confederation,  if  a  w^ar- 
rant  has  been  issued  b}^  the  proper  authority  for  the  arrest  of  the 
person  to  be  extradited,  and  if  the  latter  is  either  a  citizen  or  subject 
of  the  requisitioning  nation,  or  is  accused  of  a  crime  punishable  under 
common  German  criminal  law  and  committed  in  the  territory  of  the 
said  nation;  finally  if  the  requisitioning  Government  follows  similar 
principles  toAvard  this  country. 

However,  all  these  provisions  are  applicable  only  Avithout  preju- 
dice to  the  execution  of  treaties  already  existing  in  regard  to  the 
extradition  of  criminals  or  to  be  concluded  in  future,  with  the  consent 
of  the  Estates  as  far  as  they  affect  the  citizens  of  this  country. 

Sec.  207.  (IT)  Confiscation. — Confiscation  shall  be  applied  only  to 
the  objects  or  instruments  of  a  crime.  A  general  confiscation  of 
property  shall  never  take  place.  The  provisions  of  law  regarding  the 
seizure  of  the  property  of  deserters  and  of  absentees  liable  to  military 
duty  are  not  rei>ealed  hereby. 

Sec.  208.  (18)  Right  of  pardon. — The  Reigning  Prince  may  par- 
don in  criminal  matters,  or  mitigate  or  remit  the  penalty,  but  in  no 


CONSTITTTTION   OF   BRUNSWICK.  121 

case  shall  he  increase  its  severity,  nor  shall  he  be  permitted  to  annul 
the  result  of  an  -investigation  until  the  higher  court  of  appeals  has 
rendered  its  opinion  on  the  subject. 

Sec.  209.  (19)  Moratoriums. — Moratoriums  are  never  granted  by 
the  Government  of  the  country,  but  the  courts  may  decree  them  in  the 
cases  determined  by  law. 

Sec.  210.  (20)  Legal  assistance  in  civil  disputes.— In  civil  disputes 
the  courts  of  foreign  nations  shall  be  afforded  all  legal  assistance  per- 
mitted by  law,  provided  such  assistance  is  not  refused  by  those  na- 
tions to  the  courts  of  this  country.  Especially  shall  valid  judgments 
of  foreign  courts,  if  the  jurisdiction  of  the  latter  in  the  case  in  ques- 
tion is  beyond  doubt,  be  carried  out  by  the  home  courts  on  the  condi- 
tion mentioned  above. 

CHAPTER  S.  THE  CHIUSTIAX  CHURCHES,  PUBLIC  EDUCATIONAL  INSTITU- 
TIONS AND  CHARITABLE  ENDOWMENTS,  AND  MONASTERIAL  AND  EDUCA- 
TIONAL FUNDS. 

Sec.  211.  (1)  Equality  before  the  law  of  the  recognized  Chnstictn 
deiiominations. — All  Christian  churches  recognized  in  the  Duchy  or 
authorized  by  law  are  insured  the  right  of  free  public  religious  wor- 
ship, they  enjoying  equal  protection  by  the  Government  and  their 
followers  equal  civil  rights. 

Sec.  212.  (2)  GovernTnental  supervision. — All  churches  are  under 
the  supreme  supervision  of  the  Government,  based  on  the  eminent 
authority  of  the  State.  The  arrangement  of  purely  spiritual  matters 
is  left,  under  this  supervision,  to  the  ecclesiastical  authorities  on  the 
basis  of  the  constitution  of  each  church.  In  case  of  doubt  the  Govern- 
ment decides  as  to  whether  a  matter  is  purely  spiritual. 

Sec.  213.  (3)  Ecclesiastical  authority  in  the  Evangelical-Lutheran 
Churcli. — In  the  Evangelical-Lutheran  Church  the  ecclesiastical  au- 
thority belongs  to  the  Reigning  Prince,  who  exercises  it  in  cooperation 
t(nd  deliberation  with  the  Consistory  composed  of  Evangelical  clergy- 
men and  laymen. 

The  exercise  of  the  rights  belonging  to  the  various  Evangelical 
communes  in  regard  to  ecclesiastical  affairs  is  to  be  intrusted  to  a 
board  representing  the  ecclesiastical  commune,  and  in  regard  to  whose 
composition  and  duties  a  law  shall  provide  further  details. 

Sec.  214  (continued).  If  the  Reigning  Prince  should  profess  an- 
other religion  than  the  Evangelical-Lutheran,  the  consequent  re- 
striction in  his  personal  exercise  of  the  ecclesiastical  authority  shall 
be  determined  without  delay  with  the  consent  of  the  Estates. 

Sec.  215.  (4)  Ecclesiastical  authority  in  the  other  Christian 
churches. — The  Government  shall  see  to  it  that  those  who  have  the 
right  to  exercise  the  ecclesiastical  authority  according  to  the  consti- 
tutions of  the  other  Christian  churches  neither  abuse  nor  overstep 
such  right. 


122  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

General  measures  which  are  taken  by  virtue  of  the  ecclesiastical 
authoiity  and  decrees  which  are  issued  by  foreign  spiritual  superiors 
shall  not,  whatever  may  be  their  nature,  be  either  proclaimed  or 
executed  without  the  previous  consent  of  the  Government. 

Sec.  216.  (5)  Securing  of  property  of  churches^  schools^  and  en- 
dowments.— All  endowments,  without  exception,  whether  for  re- 
ligious, educational,  or  charitable  purposes,  shall  be  insured  the  full 
enjoyment  and  possession  of  their  property  and  income.  S.uch  prop- 
erty and  income  is  under  the  special  protection  of  the  State,  and  shall 
not  be  added  to  the  Government  property. 

Sec.  217  (continued).  The  property  of  churches,  schools,  and  en- 
dowments shall  never  be  diverted  from  its  original  purpose ;  if  it  is 
to  be  used  for  another  purpose  than  that  designated  in  the  charter, 
such  other  purpose  must  be  a  similar  one,  and  the  employment  can 
only  take  place  with  the  consent  of  the  interested  private  parties  and 
communes,  and  if  it  is  a  question  of  institutions  which  concern  the 
whole  country,  with  the  consent  of  the  Estates  of  the  realm. 

Sec.  218.  (6)  Adininistration  of  this  property  .—In  regard  to  the 
cooperation  of  the  governing  officers  of  ecclesiastical  communes  in  the 
administration  of  the  property  of  churches,  schools,  and  charitable 
endowments  a  special  provision  of  law  shall  be  enacted. 

Sec.  219.  (7)  MonasteHal  and  educational  funds. —  {a)  Combina- 
tion of  these  funds. — The  monasterial  fund  shall  be  combined  with 
the  educational  fund  coming  from  the  former  University  of  Helm- 
stedt  and  for  the  sake  of  simplicity  of  administration  and  the  greatest 
possible  saving  of  expense  be  administered  by  the  ducal  exchequer, 
together  with  the  domanial  property,  an  appropriate  contribution 
being  made  toward  the  expenses  of  administration. 

Sec.  220.  (h)  Administration. — A  special  budget  shall  be  arranged 
in  regard  to  the  administration  of  the  combined  monasterial  and  edu- 
cational fund,  being  in  the  form  used  for  the  domanial  property,  and 
a  separate  system  of  treasury  operations  and  accounts  shall  be 
adopted. 

Sec.  221.  (c)  Employment  of  the  net  proceeds. — The  net  proceeds 
from  this  combined  fund  shall,  in  accordance  with  its  allotment,  be 
employed  for  churches,  educational  institutions,  and  charitable  pur- 
poses. The  business  of  employing  it  shall  be  intrusted  to  the  Board 
of  Finance,  which  must  proceed  in  accordance  with  the  budgets  pre- 
pared and  the  rules  of  the  Ministry  of  State,  and  keep  a  special 
account  of  all  surpluses  left  from  the  administration  of  the  fund  and 
flowing  into  the  principal  treasury. 

Sec.  222  (continued).  The  expenses  for  the  museum  at  Brunswick 
and  the  library  at  Wolfenbiittel,  which  have  hitherto  been  paid  from 
the  monasterial  and  educational  fund,  shall  continue  to  be  paid  from 


CONSTITUTION   OF   BRUNSWICK.  123 

this  fund,  and  these  collections,  which  are  inalienable,  shall  continue 
to  be  devoted  to  the  promotion  of  science  and  art. 

Sec.  223.  (d)  Cooperation  of  the  Estates: — The  budgets  relating  to 
the  administration  of  the  combined  monasterial  and  educational  fund, 
as  well  as  those  relating  to  the  employment  of  the  net  proceeds  there- 
from, shall  be  established  in  common  by  the  Government  and  the 
Estates.  Furthermore,  for  the  sake  of  making  suggestions,  the  Es- 
tates shall  have  the  right  to  inspect  the  accounts  relating  to  the  ad- 
ministration and  employment  of  the  combined  fund  after  the  expira- 
tion of  the  fiscal  year. 

Sec.  224.  (e)  Alienations. — The  property  and  rights  of  the  com- 
bined fund  may  not  be  alienated  in  whole  or  in  separate  parts  Avith- 
out  the  approval  of  the  Estates,  and  in  this  case  the  same  provisions 
and  modifications  shall  apply  as  are  prescribed  in  sections  164  and 
1 65  with  respect  to  the  domanial  property. 

Sec.  225.  (/)  Reservation  of  right. — The  right  is  reserved  to  both 
the  Government  and  the  Estates  to  cause  the  monasterial  and  educa- 
tional fund  to  be  administered  by  a  special  authority  if  such  should 
be  deemed  appropriate. 

Sec.  226.  (8)  Church  and  school  employees — (a)  Their  appoint' 
rrvent  and  conftrnhation. — The  church  and  school  employees  of  all 
Christian  churches  in  the  country,  unless  they  are  appointed  directly 
by  the  Government,  shall,  before  assuming  their  official  duties  or 
drawing  their  official  salaries,  require  confirmation  by  the  Reigning 
Prince ;  all  shall  be  sworn  to  an  observance  of  the  laws  and  the  Con- 
stitution before  assuming  office. 

Advowsons  and  rights  of  suffrage,  as  well  as  the  legal  powers  of 
the  ecclesiastical  communes  with  respect  to  the  refusal,  for  serious 
reasons,  to  accept  a  pastor  assigned  to  them,  are  reserved. 

Sec.  227.  (h)  Their  protection. — Church  and  school  employees 
who  have  been  constitutionally  appointed  or  confirmed  are  granted 
the  necessary  legal  protection  by  the  Government  for  the  fulfilment 
of  their  vocational  duties. 

Sec.  228.  {c)  Their  oficial  superiors. — In  everything  that  concerns 
the  office  and  its  administration,  the  church  and  school  employees  are 
primarily  subordinate  to  their  official  superiors  according  to  the 
Constitution ;  in  all  that  relates  to  their  civil  relations  and  acts,  in- 
cluding criminal  proceedings  which  are  not  based  on  merely  discipli- 
nary offenses,  the  church  and  school  employees  are  subordinate  to 
the  secular  authorities. 

A  special  judicial  status  for  the  legal  affairs  of  churches,  schools, 
and  endowments  and  their  employees  does  not  exist,  but  the  ordi- 
nary courts  have  to  pass  on  such  matters,  and  also  on  marriage  ques- 
tions, as  hitherto. 


124  CONSTITUTIONS  OF  THE   GERMAN   STATES. 

Sec.  229.^  {d)   Their  suspension^  dismissal^  and  deprivation. 

Sfx.  230.  (9)  Solicitude  for  public  instruction. — The  maintenance, 
improvement,  and  perfection  of  the  public  educational  institutions 
shall  remain  an  object  of  solicitude  of  the  Government  and  shall  be 
promoted  at  all  times  by  all  the  means  at  its  command. 

FINAL  PROVISIONS. 

Sec.  231.  If  the  Government  and  the  Estates  should  be  of  different 
opinion  regarding  the  interpretation  of  particular  provisions  of  the 
Constitujtion  of  the  land,  the  Ducal  Ministry  of  State  shall  first  of 
all  convene  with  a  deputation  of  the  Estates  in  order  to  seek  an 
agreement. 

If  this  attempt  should  also  be  fruitless,  both  the  Government  and 
the  Estates  shall  be  at  liberty  to  have  the  difference  settled  by  law. 
The  decision  in  this  case  shall  be  rendered  in  first  and  last  instance 
by  a  compromise  court,  which  shall  be  composed  in  the  same  way 
as  the  joint  court  which  is  formed  when  a  motion  is  made  for  pun- 
ishment for  a  violation  of  the  Constitution.^ 

Sec.  232.  All  decrees,  prorogations  of  Diet,  "  reversals  "  (promises 
to  uphold  the  Constitution),  and  other  agreements  concluded  with 
the  Estates  are  hereby  repealed  in  so  far  as  they  are  contrary  to  this 
Constitution. 

It  is  our  will  as  Reigning  Prince  that  this  Constitution,  which  we 
wish  to  observe,  uphold,  and  protect,  shall  be  most  strictly  obeyed 
in  all  its  parts  by  everybody  concerned  and  everywhere. 

In  witness  whereof  we  have  hereunto  set  our  own  signature  and 
affixed  the  Ducal  State  Chancelry  Seal. 

Given  at  Brunswick,  October  12,  1832. 

WIIMEIM,  Duke.     [L.S.] 
Count  V.  Veltheim.     v.  Schleintz.     Schulz. 


2.  LAW  PROVISIONALLY  REGULATING  THE  AFFAIRS  OF  THE 
GOVERNMENT  IN  CASE  OF  A  VACANCY  OF  THE  THRONE.^ 
BRUNSWICK,  FEBRUARY  16,  1879. 

We,  Wilhelm,  by  the  grace  of  God,  Duke  of  Brunswick  and  Liine- 
burg,  etc.,  hereby  enact  tlie  following  law  as  a  supplement  to  the 
Constitution,  with  the  consent  of  the  National  Assembly: 

Section  1.  In  order  to  insure  the  constitutional  administration  of 
thfi  Duchy  against  disturbances  in  case  of  future  vacancies  of  the 
throne  when  the  duly  entitled  successor  to  the  throne  is  prevented  in 

1  Section  229  is  superseded  by  law  of  December  22,  1870,  as  cited  under  sec.   157. 
«Cf.  law  of  March  19,  1850. 

8  Supplemented  by  law  of  February  12,  1886,  on  the  changed  wording  of  the  oaths  pre 
scribed  in  sections  26  and  132,  New  Constitution. 


CONSTITUTION   OF   BRUNSWICK.  125 

any  way  from  .immediately  assmiiing  the  reins  of  (xovernment,  the 
Constitution  of  October  12,  1832,  is  supplemented  by  the  following 
provisions : 

Sec.  2.  In  the  case  of  hindrance  designated  in  section  1,  unless  an 
authorized  regent  takes  possession  of  the  governmental  administra- 
tion immediately  after  the  vacancy  in  the  throne  in  accordance  with 
the  provisions  contained  in  section  20  of  the  Constitution,  a  provi- 
sional Government  of  the  country  shall  be  instituted  under  a  "  Re- 
gency Council,"  to  consist  of  the  voting  members  of  the  Ducal  Min- 
istry of  State,  the  president  of  the  National  Assembly,  and  the  pre- 
siding judge  of  the  Supreme  Court  (in  future  to  be  called  the  Su- 
preme Court  of  the  land). 

The  president  of  the  National  Assembly  to  serve  in  this  connection 
shall  be  the  president  of  the  last  Diet  preceding  the  throne  vacancy 
up  to  a  new  election  to  the  Diet,  but  if  the  Diet  should  be  in  session  at 
the  time  the  vacancy  in  the  throne  occurs,  then  the  president  of  the 
National  Assembly  in  session.  In  case  of  hindrances  of  long  dura- 
tion the  places  of  the  said  presidents  shall  be  taken  by  their  repre- 
sentatives, the  vice-presidents,  who  shfvll  be  designated  to  serve  by 
resolution  of  the  Regency  Council. 

Sec.  3.  If  the  case  contemplated  in  sections  1  and  2  is  present,  in  the 
opinion  of  the  Ducril  Ministry  of  State,  said  Ministry  shall  convoke 
the  members  of  the  Regency  Council  in  order  that  they  may  constitute 
themselves  as  such. 

The  Council  shall  be  considered  to  be  constituted  when  the  ma- 
jority of  all  the  members  declare  to  that  effect. 

The  Regency  Council  shall  make  publicly  known  the  fact  of  its 
being  constituted  by  publishing  a  notice  in  the  collection  of  laws  and 
decrees  and  in  the  Brunswick  official  decrees,  and  it  shall  immediately 
convoke  the  National  Assembly  for  the  purpose  of  constitutional  co- 
operation in  regard  to  any  further  steps  necessitated  by  the  prevail- 
ing conditions. 

The  fight  of  self -convocation  on  the  part  of  the  National  Assembly, 
according  to  section  113,  no.  1,  of  the  Constitution,  remains  reserved. 

Sec.  4.  The  Regency  Council  conducts  the  Government  with  all 
rights  and  duties  of  a  Government  guardianship  or  provisional  ad- 
ministration, but  nevertheless — 

(1)  It  exercises  the  right  of  constitutional  legislation  with  the  re- 
striction that  amendments  to  the  Constitution  shall  not  take  place 
during  the  continuance  of  the  provisional  Government,  and,  further- 
more, 

(2)  It  shall  not  confer  orders  and  titles  not  connected  by  custom 
with  an  office  bestow^ed. 

The  Regency  Council  shall — 

(3)  Address  the  necessary  request  to  His  Majesty  the  Emperor  in 
order  that  the  relation  of  Brunswick  to  the  Empire,  especially  the 


126  CONSTITUTIONS  OF  THE  GERMAN   STATES. 

right  of  voting  in  the  Federal  Council  for  the  duration  of  the  pro- 
visional Government  conducted  by  the  Regency  Council,  may  be  regu- 
lated ill  a  manner  conforming  to  the  Constitution. 
The  Council  shall  in  particular — 

(4)  Request  His  Majesty  the  Emperor  and -Federal  commander  in 
chief  to  take  such  measures  as  he  may  deem  necessary  regarding  the 
exercise  of  the  rights  of  military  sovereignty  still  belonging  to  the 
Reigning  Prince  during  the  continuance  of  the  provisional  regime. 

(5)  If,  in  consequence  of  the  retirement  of  a  voting  member  of 
the  Ducal  Ministry  of  State,  it  should  become  necessary  to  appoint 
such  a  member  of  the  Ministry  of  State,  the  appointment  shall  be 
made  by  the  Regency  Council  for  the  length  of  the  provisional  Gov- 
ernment, the  questions  relating  to  salary  and  possible  pension  of  the 
appointees  being  regulated  at  the  same  time. 

(6)  The  sum  of  money,  etc.,  to  be  deducted  from  the  net  income 
from  the  domanial  estate  for  the  needs  of  the  Reigning  Prince  under 
the  Constitution  and  treaty  shall  continue  to  be  paid,  the  Regency' 
Council  determining  its  employment  with  all  possible  regard  for  ex- 
isting conditions,  subject  to  the  rules  to  be  adopted  in  conjunction 
with  the  Assembly  in  regard  to  any  surpluses. 

The  constitutional  and  legal  privileges  of  the  Ducal  Ministry  of 
State,  as  the  supreme  administrative  authority  of  the  land,  as  well  as 
the  privileges  of  the  individual  ministerial  departments  (cf.  sec.  158 
of  the  New  Constitution),  shall  remain  unchanged. 

The  presence  of  three  members  shall  be  sufficient  in  order  that  a 
resolution  may  be  adopted  in  the  Regency  Council,  provided  they  iu:^- 
elude  two  members  of  the  Ducal  Ministry  of  State  and  one  of  the  t^to 
other  members. 

The  handling  of  business  in  the  Regency  Council  is  collegial  under 
the  chairmanship  of  the  president  of  the  Ducal  Ministry  of  State,  the 
council  being  obliged  to  prepare  its  own  rules  of  procedure. 

The  resolutions  and  decrees  of  the  Regency  Council  shall  not  be  en- 
forceable until  countersigned  by  a  voting  member  of  the  Ducal  Min- 
istry of  State. 

Cf.  sections  155  and  156  of  the  New  Constitution. 

In  the  case  of  resolutions  which  are  to  be  adopted  in  the  exercise 
of  the  Evangelical  church  authority,  the  members  of  the  Regency 
Council  who  do  not  belong  to  the  Evangelical-Lutheran  Church 
should  refrain  from  participating. 

Sec.  5.  The  provisional  Government  shall  cease  ^s  .soon  as  the  suc- 
cessor to  the  throne,  now  no  longer  hindered  from  exercising  the 
functions  of  government,  assumes  these  functions,  gives  his  '*  reversal,'' 
and  commands  allegiance,  or,  in  case  of  prolonged  hindrance  of  the 
succ3ssor  to  the  throne,  as  soon  as  a  person  entitled  to  do  so  assumes 
the  regency  and  proclaims  such  assumption  for  the  period  of  the  still 


CONSTITUTION   OF  BRUNSWICK.  127 

coiitiniiing  hindrance  of  the  successor  to  the  throne  by  means  of  a 
patent  accompanied  by  "  reversals." 

Sec.  6.  If  within  a  year  from  the  occurrence  of  a  vacancy  in  the 
throne  the  Government  has  not  been  assumed  by  the  successor  to  the 
throne  or  a  provisional  administration  has  not  been  established  by 
an  authorized  regent,  the  Assembly  shall  choose  a  regent  on  the  recom- 
mendation of  the  Eegency  Council  from  among  the  adult  non-reign- 
ing princes  of  the  Sovereign  Princely  Houses  belonging  to  the  Ger- 
man Empire,  which  regent  shall  then  continue  to  conduct  the  govern- 
mental administration  until  the  Government  is  taken  over  by  the 
successor  to  the  throne. 

If  it  is  necessary  to  repeat  the  election,  it  shall  take  place  in  the 
same  manner. 

All  those  concerned  shall  govern  themselves  accordingly. 

In  witness  whereof  we  have  hereunto  set  our  own  signature  and  the 
Ducal  Secret  Chancelry  Seal. 

Brunswick,  February  16, 1879. 

WILHELM,  Z>w;te.     [L.S.] 
W.  ScHULz.        Trieps.        Count  Gortz-Wrisberg. 


HAMBURG. 

CONSTITUTION  OF  OCTOBER  13,  1879/ 

Section  1. — General  Enactments. 

Article  1,  The  city  of  Hamburg  and  the  territory  connected  there- 
with form,  under  the  denomination  of  "  the  Free  and  Hanseatic 
City  of  Hamburg,"  an  independent  separate  State  of  the  German 
Empire. 

2.  Any  alienation  of  territory  is  equivalent  to  an  alteration  of  the 
Constitution,  apart  from  simple  boundary  regulations,  Avhich  may  be 
effected  by  way  of  legislation. 

3.  Every  one  who  has  a  legal  settlement  in  the  State  of  Hamburg 
in  accordance  with  the  Imperial  laws  belongs  thereto. 

4.  Citizens  of  Hamburg  are  those  residents  who  have  taken  the 
oath  of  fidelity  to  the  Constitution  and  have  not  lost  their  rights. 

The  laws  shall  determine  the  conditions  of  acquisition  and  loss  of 
citizenship  and  the  nature  of  the  oath. 

5.  The  exercise  of  citizens'  rights  shall  neither  be  conditioned  nor 
limited  by  religious  convictions.  Religious  convictions  shall  not 
hinder  a  citizen  in  his  duties  to  the  State. 

Complete  freedom  of  belief  and  of  conscience  is  permitted. 

6.  The  highest  State  authority  belongs  to  the  Senate  and  the  Cor- 
poration {Burgerschaft)  in  common. 

The  legislative  power  is  exercised  by  the  Senate  and  the  Corpora- 
tion, the  executive  b}^  the  Senate,  and  the  judicial  by  the  courts  of 
justice. 

Section  2. — The  Senate. 

7.  The  Senate  consists  of  18  members,  that  is  to  say,  of  9  who  have 
studied  the  sciences^  of  law  or  finance,  and  of  9  other  members,  of 
whom  at  least  7  must  belong  to  the  mercantile  profession. 

8.  Every  citizen  who  is  eligible  for  the  Corporation  is  also  eligible 
as  a  member  of  the  Senate,  with  due  reference,  however,  to  article  7. 

Every  one  is  excluded  from  election  who  is  related  to  a  member 
of  the  Senate  in  the  ascending  or  descending  line,  or  as  brother, 
uncle,  or  nephew,  or  by  marriage,  as  step-father,  step-son,  father-in-  . 
law,  son-in-law,  wife's  brother,  or  sister's  husband. 

Irucases  of  relationship  by  marriage,  it  makes  no  difference  whether 
.the  marriage  through  which  it  arose  still  exists  or  not. 

1  Based  on  the  version  found  in  51  British  an^  Foreign  State  Papers,  pp.  1164-1184. 
Revised  and  brought  up  to  date  by  a  comparison  with  Stoerk-Rauchhaupt,  pp.  170-187. 

128 


CONSTITUTION   OF   HAMBURG.  129 

9.  The  members  of  the  Senate  are  elected  by  the  Corporation  from 
a  selection  of  tAVo  persons. 

To  effect  this  selection  the  Senate  and  the  Corporation  choose 
respectively  4  of  their  members  by  relative  majority  of  votes  as  trusty 
men,  who  are  then  sworn  to  secrecy. 

The  8  trustees  have  to  make  a  selection  of  4  persons  in  the  follow- 
ing manner : 

Each  trustee  specifies  the  persons  who  appear  to  him  suitable,  and 
from  those  so  proposed  a  larger  selection  is  then  to  be  made  after 
careful  discussion  concerning  them.  From  this  larger  selection  4 
persons  are  to  be  chosen  for  the  smaller  one  by  secret  voting.  The 
Corporation  trustees  can  not  be  included  in  the  selection.  At  least  5 
votes  are  required  to  include  any  one  in  the  selection. 

If  these  can  not  be  obtained  for  4  candidates  after  repeated  voting, 
then  notice  is  to  be  given  to  the  Senate  and  the  Corporation  that  the 
trustees  have  not  succeeded  in  making  the  selection,  without  stating 
whether  any  candidates  at  all,  or  how  many,  have  been  already  chosen 
for  the  selection. 

Eight  new  trustees  are  then  to  be  elected  as  before,  4  by  the  Senate, 
and  4  by  the  Corporation,  and  they  are  to  be  sworn. 

This  new  commission  receives  a  statement  signed  by  all  the  mem- 
bers of  the  first  commission,  and  then  sealed  up,  to  be  opened  by  the 
new  one,  containing  the  names  of  the  persons  already  chosen  for 
the  selection;  or  a  communication  that  no  one  has  obtained  the 
requisite  number  of  votes.  The  new  commission  proceeds  in  the 
same  manner  as  the  first,  either  to  complete  the  selection  or  to  make 
it  altogether,  as  the  case  may  be. 

Should  this  second  commission  also  fail  to  arrive  at  a  satisfactory 
result,  then  the  two  commissions,  that  is  8  trustees  of  the  Senate, 
^nd  8  of  the  Corporation,  unite.  These  have  then  to  elect  the  can- 
didates still  required.  Only  one  candidate  is  to  be  elected  at  each 
vote.  For  this  purpose  each  trustee  writes  the  name  of  a  candidate 
on  a  slip  of  paper.  In  this  the  relative  majority  of  the  voters  is  suffi- 
cient to  include  a  candidate  in  the  selection.  The  voting  is  repeated 
as  often  as  necessary. 

When  a  chosen  selection  of  4  persons  has  been  made  in  this  manner, 
it  is  delivered  to  the  Senate  by  its  Commissioners,  without  letting 
it  know  how  the  candidates  severally  have  been  included  in  the  selec- 
tion. Of  the  four  proposed,  the  Senate  presents  two  to  the  Corpora- 
tion, which  has  to  choose  one  out  of  those  two. 

If  at  the  election  of  the  second  commission  of  the  Corporation 
trustees,  a  trustee  is  elected  who  is  already  included  in  the  selec- 
tion, this  does  not  prevent  his  taking  part  in  the  further  forma- 
tion of  the  chosen  selection.  In  such  a  case  notice  of  the  circum- 
92975—19 9 


130  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

stance  is  to  be  given  to  the  Senate  at  the  deliA^ery  of  the  chosen  se- 
lection, and  if  the  trustee  should  be  one  of  the  selection  which  the 
Senate  delivers  to  the  Corporation,  notice  of  the  fact  is  also  to  be 
given  to  the  latter. 

The  observance  of  secrecy  extends  so  far  that  neither  the  trus- 
tees on  either  side  nor  the  members  of  the  Senate  may  in  any 
way  make  it  known  who  were  the  four  persons  included  in  the  selec- 
tion; so  that  is  it  only  the  two  persons  in  the  smaller  selection 
who  are  known. 

The  election,  which  is  to  be  made  by  the  Corporation  immediately 
after  the  delivery  of  the  chosen  selection,  is  by  means  of  ballot.  In 
this  election  the  presence  of  more  than  80  members  must  be  deter- 
mined before  the  opening  of  the  selection,  if  necessary,  by  count- 
ing. Thereupon  the  election  is  considered  complete,  irrespective  of 
the  number  of  valid  votes  cast;  the  majority  is  computed  on  the 
basis  of  the  number  of  valid  votes  cast.  It  is,  therefore,  of  no  im- 
portance whether  members  cast  a  valid  vote  or  not.  In  the  case 
of  a  tie,  a  second  vote  takes  place,  and  if  the  result  is  the  same 
the  issue  is  decided  by  lot. 

The  whole  election  proceedings  take  place  in  one  uninterrupted 
sitting  both  of  the  Senate  and  the  Corporation. 

The  person  elected  as  member  of  the  Senate  must  undertake  the 
office,  on  pain  of  losing  his  civic  rights  in  the  State  and  the  right 
of  carrying  on  any  civic  business  in  the  city  or  territory. 

10.  The  senators  fill  their  offices  for  life,  with  the  following  re- 
strictions : 

After  holding  the  office  for  at  least  6  years,  every  member  of  the 
Senate  has  a  right  to  seek  to  be  relieved  from  the  duty,  but  with- 
out having  any  claim  to  a  pension. 

If  the  retiring  member  has  completed  the  GOth  year  of  his  age, 
and  has  filled  the  office  for  at  least  10  years,  then  he  is  to  enjoy 
a  pension  to  the  amount  of  half  his  honorarium. 

Every  member  of  the  Senate  who  has  passed  the  70th  year  of 
his  age  is  entitled  to  retire  from  the  Senate  with  a  pension  amount- 
ing to  two-thirds  of  his  honorarium. 

11.  The  law  determines  the  cases  in  which  a  member  of  the  Senate 
must  retire. 

12.  A  vacancy  in  the  Senate  is  to  be  regularly  filled  within  14 
days. 

13.  No  other  public  office  can  be  united  with  that  of  a  member 
of  the  Senate.  Members  of  the  Senate  may  continue  in  another 
avocation,  excepting  that  of  an  advocate  or  a  notary,  provided  that 
the  same  does  not  interfere  with  the  discharge  of  their  official  duties. 

If  members  of  the  Senate  should  be  elected  as  members  of  the 
governing  board,  board  of  trustees,  or  board  of  supervisors  of  an 


CONSTITUTION   OF,  HAMBURG.  131 

industrial  enterprise  or  of  some  similar  undertaking,  the  object  of 
which  is  financial  gain,  they  shall  be  permitted  to  accept  such  a 
position  only  with  the  consent  of  the  Senate.  Said  consent  is  also 
necessary  if  a  newly  elected  senator  wishes  to  retain  such  a  position. 

14.  Every  member  of  the  Senate  must  have  his  regular  dwelling  in 
the  city,  or  its  immediate  environs  in  Hamburg  territory,  or  must 
take  it  up  immediately  after  his  election. 

15.  Every  member  of  the  Senate  before  he  enters  upon  his  office, 
has  to  bind  himself  by  oath  to  the  faithful  performance  of  his  duties, 
in  a  joint  assembly  of  the  Senate  and  Corporation.  The  form  of  the 
oath  shall  be  determined  by  law. 

16.  The  members  of  the  Senate  receive  an  honorarium  to  be  deter- 
mined by  law. 

17.  The  Senate  elects,  by  secret  vote  from  amongst  its  members  a 
first  and  a  second  burgomaster  as  presidents  for  the  period  of  a 
year. 

No  burgomaster  shall  act  for  longer  than  two  years  in  succession. 

18.  The  Senate  directs  the  elections  to  the  Corporation  and  orders 
the  convocation  thereof  through  its  Chancery,  after  its  entire  or 
partial  renewal,  as  well  as  in  accordance  with  article  50,  clause  1. 

The  Senate  also  has  the  right  of  summoning  the  Civic  Committee. 

1 9.  The  Senate,  as  the  possessor  of  the  executive  power,  is  the  su- 
preme administrative  authority;  it  exercises  the  supervision  over 
every  branch  of  the  administration.  To  it  also  belongs  the  supervi- 
sion in  chief  of  all  the  judicial  authorities. 

20.  The  Senate  has  to  maintain  legal  order,  and  to  preserve  the 
security  of  the  State,  both  within  and  without. 

21.  With  regard  to  the  Hamburg  contingents  to  the  Imperial 
Army,  the  rights  accruing  to  the  heads  of  the  contingents,  according 
to  the  Constitution  and  Laws  of  the  German  Empire,  shall  be  exer- 
cised by  the  Senate,  unless  otherwise  determined  by  special  con- 
ventions. 

22.  The  Senate  represents  the  State  in  its  relations  with  the  other 
parts  of  Germany  and  with  foreign  countries. 

It  conducts  the  foreign  affairs,  carries  on  the  negotiations  in  ref- 
erence thereto,  appoints  the  plenipotentiaries  to  other  States  and  to 
the  German  Confederation.  It  concludes  commercial  treaties  and 
other  State  treaties,  but  has  to  obtain  the  assent  of  the  Corporation 
before  the  ratification  thereof. 

23.  The  supervision  in  chief  belonging  to  the  State  over  civic  and 
religious  communities  is  exercised  by  the  Senate. 

24.  The  Senate  has  the  right  of  mitigating  or  remitting  a  sentence 
by  an  act  of  grace. 

An  exception  occurs  in  the  cases  of  article  53,  in  which  the  Senate 
can  only  exercise  the  right  of  pardon  or  mitigation  on  the  applica- 
tion or  with  the  assent  of  the  Corporation. 


132  CONSTITUTIONS  CF   THE   GERMAN   STATES. 

25.  The  Legislature  will  determine  what  superior  officials  are  to 
be  appointed  or  confirmed  by  the  Senate,  or  to  be  elected  by  it  from 
a  chosen  selection  to  be  submitted  to  it  by  the  deputation  concerned. 
Where  the  Constitution  or  the  Legislature  gives  no  directions 
thereon,  the  appointment  belongs  to  the  Senate. 

26.  The  oaths  to  the  State  and  the  obligations  in  lieu  thereof  are 
to  be  taken  before  the  Senate,  in  so  far  as  neither  the  Constitution 
nor  the  laws  direct  otherwise  thereon. 

27.  The  members  of  the  Senate  are  answerable  to  the  State,  that 
neither  the  Constitution  nor  the  laws  of  acknowledged  validity  be 
violated  by  their  official  proceedings. 

A  law  will  determine  with  regard  to  the  extent  and  the  enforce- 
ment of  this  liability,  and  the  participation  of  the  Corporation  in 
such  enforcement,  as  well  as  in  regard  to  the  competent  courts  in 
such  cases. 

Claims  by  private  persons  on  administrative  authorities  and  offi- 
cial servants  are  provided  for  by  article  89. 

Section  3. — The  Gorforation  {Biigerschaft). 

28.  The  Corporation  consists  of  160  members. 

29.^  Of  these  80  members  are  elected  by  direct  general  suffrage 
and  secret  vote.  In  this  election  all  citizens  in  town  and  country  are 
called  upon  to  take  part.  For  the  election  definite  election  districts 
may  be  formed  or  the  electors  may  be  divided  into  groups,  according 
to  the  amount  of  taxes  which  they  pay.  Details  and  the  mode  of 
election  are  determined  by  the  election  law. 

30.^  The  other  80  members  consist: 

1.  Of  40  landed  proprietors  as  such,  who  are  elected  by  secret 
vote  by  and  from  the  proprietors  of  landed  estates  in  the  city. 
All  further  provisions  on  this  matter  are  made  by  law. 

2.  Of  40  deputies  who  are  elected  by  secret  direct  ballot  by 
citizens  who  are  or  have  been  members  of  the  Senate  or  of  the 
Corporation,  judges,  commercial  judges,  members  of  the  board 
of  guardianship,  civilian  members  of  the  administrative  boards, 
of  the  Chambers  of  Commerce,  Industry,  and  Retail  Trade.  All 
further  provisions  on  this  matter  are  made  by  law. 

31.^  The  following  are  excluded  from  the  exercise  of  the  suffrage : 

1.  Those  who  have  not  yet  completed  their  twenty-fifth  year; 

2.  Those  who  pay  no  income  tax  or  were  in  arrears  therewith 
at  the  time  of  the  election,  in  case  they  have  not  proved  before 
the  close  of  the  election  lists  that  they  have  paid  their  out- 
standing taxes ; 

1  Revised  by  law  of  February  12,  1906. 

2  Clause  2  was  revised  by  laws  of  June  22,  1894,  and  March  5,  1906. 
8  Clause  2  was  modified  by  law  of  November  2,  1896. 


CONSTITUTION   OF   HAMBURG.  133 

3.  Those  who  have  been  deprived  of  the  rights  of  majority ; 

4.  Those  against  whom  bankruptcy   proceedings  have  been 
begun ; 

5.  Those  who  have  been  deprived  of  their  honorable  rights  by 
decision  of  court  during  the  period  in  question ; 

6.  Those  who  are  under  arrest  because  of  a  crime  committed 
or  pending  examination. 

32.  Those  only  are  eligible  to  the  Corporation  who  are  entitled 
to  the  suffrage,  are  full  30  years  of  age,  and  have  possessed  civic 
rights  in  town  or  country  for  at  least  3  years. 

33.  No  member  of  the  Corporation  can  undertake  valid  engage- 
ments with  his  constituents  in  regard  to  his  conduct  therein ;  nor  can 
any  binding  instructions  be  given  to  a  member  of  the  Corporation 
by  his  constituents. 

34.  Every  one  elected  to  the  Corporation  is  bound  to  accept  the 
post,  on  pain  of  losing  his  civic  rights  in  the  State,  and  the  right  of 
carrying  on  any  civic  trade  in  the  city  or  territory  for  the  period  of 
the  next  10  years.  Exception  from  this  inability,  as  well  as  the  re- 
tirement of  an  actual  member  of  the  Corporation  can  without  preju- 
dice to  the  provisions  contained  in  articles  35  and  36,  only  be  ob- 
tained by  resolution  of  the  Corporation. 

A  person  who  has  been  a  member  of  the  Corporation  for  six  years 
may  decline  reelection  for  the  next  election  period. 

35.  Members  of  the  Senate  can  not  be  elected  to  the  Corporation. 
Former  members  of  the  Sienate  are  eligible,  but  may  decline  the  elec- 
tion. 

36.^  Spiritual  and  paid  public  officials  are  permitted  to  decline  elec- 
tion to  the  Corporation. 

37.  The  Corporation  decides  upon  the  validity  of  the  elections. 

38.  The  members  of  the  Corporation  are  elected  for  6  years.  Every 
three  years  half  of  those  elected  by  each  of  the  electoral  bodies  retire. 

39.  The  members  retiring  from  the  Corporation  in  accordance  with 
article  38  can  be  reelected. 

40.  The  Senate  will  order  the  new  elections  6  weeks  before  the 
partial  renewal  of  the  Corporation  (article  38),  in  time  enough  to 
permit  the  elections  to  take  place  before  the  period  of  renewal. 

41.  On  the  partial  renewal  of  the  Corporation,  as  enacted  in 
article  38,  the  Senate  is  bound  to  convene  the  Corporation  within  8 
days  from  the  commencement  of  the  period  of  renewal  and  comple- 
tion of  the. new  elections. 

On  the  day  that  the  partially  renewed  Corporation  assembles  the 
functions  of  the  previous  Corporation  cease. 

42.  A  member  of  the  Corporation  who  loses  his  eligibility  retires 
from  the  Corporation. 

1  Modified  by  law  of  February  12,  1906. 


134  CONSTIXyTIONS   OF   THE   GERMAN   STATES. 

43.^  A  new  member  who  enters  the  Corporation  as  the  result  of  the 
departure  of  an  old  member  holds  his  seat  only  for  the  remainder 
of  the  term  for  which  the  original  member  had  been  elected.  The 
election  of  a  substitute  member,  necessitated  by  the  departure  of  an 
old  member,  is  announced  by  the  Senate.  This  election  may  be  post- 
poned for  some  time,  especially  in  the  last  six  months  before  the 
period  of  the  partial  renewal  of  the  Corporation,  according  to  the 
Constitution  (article  38),  if  the  Senate  and  the  Corporation  are 
agreed  thereon. 

44.  The  members  of  the  Corporation  serve  gratuitously. 

45.  The  Corporation  may  pass  resohitions  when  more  than  80 
members  are  present.  A  vote  and  an  election  are  valid,  irrespective 
of  the  number  of  votes  cast,  if  during  said  election  a  quorum  is 
present. 

The  order  of  business  determines  the  quorum  necessary  for  the 
opening  of  a  session,  and  for  the  determination  of  the  order  of  the 
day,  as  well  as  for  deciding  other  questions  concerning  business. 

Motions  of  the  Senate,  which  are  designated  as  being  of  the  first 
importance,  must  be  discussed  before  all  other  questions,  and  in  such 
a  case  the  Corporation  may  be  adjourned  only  until  the  next  business 
day,  if  the  said  motion  has  not  yet  been  voted  upon. 

46.  The  sittings  of  the  Corporation  are  public.  By  way  of  excep- 
tion, the  Corporation  assembles  in  secret  session  at  the  request  of  at 
least  10  members,  or  of  the  Senate,  and  then  after  hearing  the  motion 
for  which  the  secret  sitting  has  been  requested,  it  decides  whether 
the  sitting  for  the  proceeding  on  the  matter  in  question  shall  continue 
a  secret  one. 

A  motion  of  the  Senate  for  a  secret  sitting  must,  when  it  relates 
to  foreign  affairs,  or  matters  concerning  the  Empire,  be  at  once 
acceded  to  by  the  Corporation.  The  sittings  are  also  secret,  by  way 
of  exception,  when  the  Civic  Committee  accedes  to  the  Senate's 
motion  for  a  secret  sitting.  Deputations  are  not  admitted  either  to 
the  meetings  of  the  Corporation  or  to  the  sessions  of  the  Committees. 

Communications  to  the  meeting  must  be  submitted  or  sent  in  writ- 
ing and,  unless  they  issue  from  official  sources,  this  must  be  done  by 
a  member  of  the  meeting,  who  by  this  act  indicates  that  he  is  in  sym- 
pathy with  the  contents  of  the  communication. 

47.2  'pj^g  business  regulations  determine  the  manner  of  voting  in 
the  Corporation ;  *but  the  voting  must  be  secret  in  case  at  least  40 
members  require  it. 

48.  No  member  of  the  Corporation  can  be  made  accountable  to  the 
State  for  his  speeches  or  votes  in  the  Corporation  or  its  committees. 

1  Revised  by  law  of  February  12,  1906. 

2  Modified  by  law  of  April  6,  1906. 


CONSTITUTION   OF   HAMBUKG.  135 

The  Corporation  has  to  proceed  against  its  members  by  way  of 
discipline  and  in  accordance  with  the  business  regulations,  for  non- 
fulfilment  of  duties  or  breaches  of  order. 

49.  A  copy  of  the  report  of  the  Corporation's  proceedings  is  to  be 
(.'ommunicated  to  the  Senate  as  soon  as  possible. 

50.  The  Corporation  is  convened  through  its  chancery : 

1.  On  the  order  of  the  Senate; 

2.  On  the  resolution  of  the  Civic  Committee ; 

3.  When  more  than  full  3  months  have  elapsed  since  its  last 
sitting,  on  the  requisition  of  at  least  30  members  addressed  to  the 
president  of  the  Corporation. 

In  the  cases  2  and  3  the  order  of  the  day  is  to  be  communicated  to 
the  Senate  two  working-days  before  the  sitting. 

51.  The  committees  chosen  by  the  Corporation  may  apply  directl}^ 
to  the  Senate  or  to  the  head  of  the  executive  body  in  question  for  in- 
formation required  in  the  preparation  of  legislative  work ;  they  have, 
moreover,  also  the  right  of  requiring  such  information  from  every 
State  official  to  the  same  extent  as  he  is  bound  to  furnish  it  to  the 
public  administrative  authorities,  in  so  far  as  no  special  official 
obligations  stand  in  the  way,  and  with  the  permission  of  the  com- 
petent Senator.  Such  permission  can  be  refused  only  on  special 
grounds. 

52.^  The  Corporation  elects  for  all  the  administrative  boards  such 
members  as  are  not  deputed  by  another  college,  from  a  selection  of  3 
persons  for  each  vacant  place,  to  be  submitted  by  the  administrative 
college  concerned,  without  prejudice  to  the  freedom  of  election. 

In  the  election  to  the  financial  deputation  the  election  order  is 
binding.  However,  the  Civic  Committee  may  add  a  fourth  name  to 
the  order  by  means  of  a  motion  passed  by  a  majority  of  at  least  two 
thirds. 

The  Senate  members  of  the  executive  bodies  in  question  take  no 
part  in  drawing  up  the  election  order. 

53.  With  regard  to  the  constitutional  participation  of  the  Cor- 
poration in  enforcing  the  responsibility  of  the  members  of  the  Senate 
and  of  the  authorities  to  the  State,  that  no  violation  of  the  Constitu- 
tion or  of  the  laws  of  recognized  validity  take  place  through  their 
official  conduct;  as  also  with  regard  to  the  extent  of  that  responsi- 
bility and  the  competent  courts  in  such  cases,  the  particulars  are  to 
be  determined  by  a  law. 

In  votes  upon  questions  of  control  or  responsibility  any  members 
of  the  administrative  deputation  concerned,  sitting  in  the  Corpora- 
tion and  affected  by  such  questions,  or  any  officials  sitting  therein  and 
affected  thereby,  take  no  part. 

1  Modified  by  the  Senate  proclamation  of  July  6,  1888,  and  by  law  of  November  2,  1896. 


136  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Section  4. — The  Civic  Committee  {Bilrger-Awsschuss) . 

54.  The  Corporation  elects  from  its  own  body  the  Civic  Committee, 
consisting  of  20  members,  of  whom,  however,  only  5  may  be  lawyers. 

The  President  of  the  Corporation  is  a  member  of  the  Civic  Com- 
mittee. The  other  19  members  are  elected  by  ballot  in  such  a  way 
that  each  member  of  the  Corporation  present  indicates  a  deputy  whom 
he  considers  suitable  for  membership  in  the  committee.  Those  desig- 
nated in  that  way  by  at  least  one-fourth  of  the  members  present  are 
considered  to  be  elected.  This  procedure  is  continued  until  19  mem- 
bers have  been  elected.  If  more  than  19  should  be  thus  designated, 
the  number  of  votes  cast  for  each  name  is  the  deciding  factor.  In 
case  of  a  tie,  lots  are  cast.  In  supplementary  elections  the  same  pro- 
cedure is  observed. 

55.  Those  members  of  the  committee  who  retire  from  the  Corpora- 
tion also  leave  the  committee  and  are  replaced  by  a  new  election, 
but  in  case  of  their  being  reelected  to  the  Corporation  they  can  also 
be  again  elected  to  the  Civic  Committee. 

56.  The  members  elected  to  the  Civic  Committee  are,  unless  ex- 
cused by  the  Corporation,  bound  to  accept  the  election  and  to  dis- 
charge the  duties  of  the  office  until  their  retirement  from  the  Corpora- 
tion, with  the  exception  of  those  who  are  members  of  a  court  of 
justice  or  of  the  finance  deputation.  The  non-fulfilment  of  this 
obligation  has  the  same  consequences  as  in  election  to  the  Corporation 
(article  34). 

57.  The  Civic  Committee  is  summoned  by  its  presidents  or  by  the 
Senate. 

58.  The  Civic  Committee  may  pass  resolutions  as  soon  as  at  least  12 
members  are  present. 

59.  The  sittings  of  the  Civic  Committee  are  not  public. 
GO.  The  Civic  Committee  is  competent : 

1.  To  give  its  joint  sanction,  on  the  proposition  of  the  Senate, 
to  extraordinary  expenses  not  inserted  in  the  budget,  to  the 
total  amount  allowed  in  the  budget  for  unforeseen  expenses; 
also  to  such  alienations  of  the  State  property,  not  in  the  regulai 
way  of  the  administration,  as  do  not  exceed  the  sum  of  5,000 
marks  banco; 

2.  On  the  proposition  of  the  Senate,  to  give  its  joint  sanction 
in  urgent  cases  to  legal  dispositions  of  slight  importance,  pend- 
ing the  subsequent  assent  of  the  Corporation; 

3.  To  require  information  from  the  Senate  on  State  affairs; 
the  corresponding  obligation  of  the  Senate  suffers  an  exception 
in  pending  negotiations  on  foreign  and  Imperial  affairs; 

4.  To  cause  the  convocation  of  the  Corporation ; 


CONSTITUTION   OF   HAMBURG.  137 

5.  The  Civic  Committee  is  bound  to  watch  over  the  upholding 
of  the  Constitution  and  of  the  enactments  bearing  upon  public 
law.  The  Civic  Committee  has  to  bring  any  violations  thereof, 
if  applications  to  the  Senate  have  not  already  satisfactorily  dis- 
posed of  them,  before  the  Corporation  for  consideration  and 
for  the  eventual  adoption  of  further  measures  in  the  manner 
prescribed  for  the  proceedings  of  the  Legislature. 

Section  5. — The  Legislation. 

01.  The  legislation  depends  on  the  concurrent  resolution  of  the 
Senate  and  the  Corporation. 

The  right  of  proposal  belongs  both  to  the  Senate  and  Corporation. 

The  Senate  promulgates  the  laws,  executes  them,  and  issues  the 
necessary  ordinances  for  carrying  them  out. 

62.  The  following  are  specially  subjects  of  legislation : 

The  enactment,  authentic  interpretation,  amendment  and  re- 
peal of  laws  upon  matters  of  public  and  private  right; 

The  imposition,  prolongation,  alteration  or  repeal  of  taxes  and 
duties ; 

The  raising  of  State  loans ; 

The  alienation  of  State  property,  which  does  not  already  lie 
in  the  regular  course  of  the  administration  (without  prejudice 
to  the  provision  of  article  60,  clause   1)  ; 

The  regulation  of  boundaries; 

The  granting  of  exclusive  privileges; 

The  expropriation  of  private  property ; 

The  approval  of  the  total  and  the  items  of  the  estimates  of 
the  whole  income  and  expenditure  of  the  State  for  the  next 
year,  which  the  Senate  has  to  submit  to  the  Corporation  with 
the  particulars ;  likewise  of  any  supplementary  grants ; 

The  ratification  of  State  treaties ; 

Granting  of  amnesty. 

63.  After  the  expiration  of  each  financial  year  the  Senate  has  to 
submit,  as  soon  as  possible,  the  accounts  of  the  receipts  and  expendi- 
ture for  the  preceding  year  to  the  Corporation  for  examination. 

64.  1.  The  assembling  of  the  Senate  and  of  the  Corporation  may 
take  place  independently  of  each  other. 

2.  The  reciprocal  official  communications  are  made  in  writ- 
ing; in  so  far  as  they  are  intended  for  discussion  in  public 
assembly  of  the  Corporation,  they  are,  as  a  rule,  printed. 

3.  The  Senate  can,  when  it  thinks  fit.  depute  Commissioners 
appointed  from  its  own  body  or  otherwise  to  the  meetings  of 
the  Corporation,  who  are  then  entitled  to  take  part  in  the  dis- 


138  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

cussions,  and  to  whom  at  their  request  the  right  of  speaking  is 
always  to  be  granted.  If  a  Commissioner  is  given  the  floor 
after  the  close  of  a  discussion,  the  discussion  is  opened  again. 

4.  At  the  request  of  the  Corporation  the  Senate  is  bound  to 
send  Commissioners  to  take  part  in  the  deliberations  on  mo- 
tions originated  in  the  Senate. 

65.  The  Corporation  is  entitled  to  demand  information  from  the 
Senate  on  matters  of  State.  The  corresponding  duty  of  the  Sen- 
ate, however,  is  canceled  in  questions  concerning  Imperial  or  for- 
eign affairs.  The  points  on  which  information  is  requested  must 
be  communicated  to  the  Senate  in  advance  and  in  writing,  and  the 
Senate  is  then  at  liberty  to  communicate  the  information  in  writ- 
ing or  orally  through  Commissioners.  If  the  Corporation  describes 
its  query  as  of  pressing  importance,  the  Senate  must  submit  its 
answer  by  the  next  session  of  the  Corporation  or  give  reasons  why 
it  is  impossible  to  answer  at  all  or  for  the  present. 

66.  In  the  preparation  of  the  motions  to  be  brought  before  the 
Corporation  the  Senate  will,  as  far  as  possible,  consult  the  respective 
administrative  deputations. 

67.  Motions  made  by  one  or  more  members  of  the  Corporation 
can  be  rejected  if  they  are  described  as  being  out  of  order.  This 
occurs  if  a  member  demands  a  vote  on  the  point  of  order  before 
the  opening  of  the  discussion  and  if,  after  the  sponsor  has  been 
given  opportunity  to  defend  his  motion,  a  majority  of  at  least  two- 
thirds  of  the  members  present  votes  against  the  motion. 

Motions  of  the  Senate  to  the  Corporation  can  not  be  eliminated 
in  this  way,  but  must  be  considered. 

68.  Every  proposition  which  has  not  thus  be^n  eliminated  is  to 
be  submitted  twice  to  discussion  and  vote,  in  case  that  at  the  first 
noting  at  least  two-thirds  of  all  the  members  who  take  part  therein 
have  not  declared  in  favor  of  the  proposal. 

By  a  simple  majority  of  those  present  the  time  of  the  second  delib- 
eration and  vote  is  determined;  they  ma}^  not  take  place  on  the 
same  day  as  the  first  vote. 

A  motion  is  accepted  if  it  receives  a  simple  majority  in  each  vote. 

The  Corporation  passes  a  motion,  which  it  has  already  definitively 
accepted  and  which  the  Senate  has  accepted  with  modifications,  by 
a  simple  majority.    A  second  deliberation  is  not  necessary. 

69.  If  the  proposition  of  the  Senate  be  not  adopted  at  once  but  only 
with  modifications  and  conditions,  and  the  Senate  resolves  to  agree 
thereto,  this  may  be  done  by  a  simple  communication  to  the  Civic 
Committee  and  the  concurrent  resolution  of  the  Senate  and  the  Cor- 
poration be  thus  effected  (article  61).  The  same  abridgement  of  the 
proceedings  may  take  place  when  the  Senate  sanctions  without  altera- 
tion an  independent  proposal  of  the  Corporation. 


CONSTITUTION   OF   HAMBUBG.  139 

When  a  proposal  of  the  Senate  is  rejected  by  the  Corporation  or  a 
proposal  of  the  Corporation  by  the  Senate,  each  party  is  at  liberty  to 
renew  the  proposal  in  the  same  or  in  an  altered  form,  until  one 
party  or  the  other  moves  for  a  mediating  deputation  (article  70). 
The  same  is  the  case  when  a  proposal  is  adopted  with  modifications  or 
conditions  to  which  the  other  party  will  not  agree. 

70.  If,  in  the  proceedings  on  the  repeated  proposals,  there  appears 
a  persistent  difference  of  opinion  between  the  Senate  and  the  Corpora- 
tion, a  deputation  is  appointed  of  9  members  (unless  any  other  num- 
ber be  agreed  on)  consisting  of  one-third  members  of  the  Senate  and 
of  two-thirds  members  of  the  Corporation,  and  this  deputation  has 
to  discuss  and  report  on  propositions  for  mediation. 

71.  If  the  difference  of  opinion  should  not  be  arranged  after  the 
Senate  and  the  Corporation  have  again  discussed  the  matter  on  the 
report  to  be  furnished  or  the  proposition  to  be  made  by  this  deputa- 
tion, the  course  to  be  taken  is  as  follows,  according  to  the  nature  of 
the  subject : 

1.  If  the  difference  of  opinion  relate  to  the  interpretation  of 
the  Constitution  or  of  laws,  or  to  a  right  asserted  by  the  Senate 
or  the  Corporation  by  reason  of  the  Constitution  or  of  a  law,  or 
to  the  question  whether  a  member  of  the  Senate,  or  of  any  of 
the  boards  is  to  be  brought  to  legal  responsibility  for  a  violation 
of  the  Constitution  or  of  a  law  of  acknowledged  validity,  then 
the  dispute  is  to  be  decided  by  the  Imperial  Court,  and  both 
the  Senate  and  the  Corporation  are  entitled  to  require  that  this 
decision  be  taken.^ 

2.  If  the  difference  of  opinion  relate  to  another  subject  on 
which  the  joint  resolution  of  the  Senate  and  the  Corporation  is 
required,  then  the  matter  remains  unsettled  until  they  come  to 
reciprocal  understanding.  But  if  both  parties  agree  that  the 
decision  cannot  be  put  off  without  essential  injury  to  the  com- 
monweal, whilst  it  is  only  as  to  the  method  that  they  can  not 
concur,  then  the  matter  is  to  be  settled  by  the  award  of  the 
deciding  deputation  described  in  the  following  articles. 

If  the  question  relate  to  the  prolongation  or  renewal  of  a  law 
passed  only  for  a  fixed  period,  and  if  the  appointment  of  a  deciding 
deputation  be  resolved  upon  before  the  expiration  of  that  period, 
then  the  law  is  to  be  considered  as  prolonged  until  the  decision  be 
given. 

No  alteration  of  the  Constitution  or  of  any  legal  enactments  by 
which  rights  appertaining  to  the  Senate  of  the  Corporation  have 
been  established,  can  ever  be  introduced  by  the  award  of  a  deciding 
deputation* 

1  Cf.  the  Imperial  Law  of  March  14,  1881. 


140  CONSTITUTIOlsrS  OF   THE   GERMAN   STATES. 

72.  The  deciding  deputation  consists  of  an  equal  number  of  mem- 
bers of  the  Senate  and  of  the  Corporation,  and,  as  a  rule,  of  16  mem- 
bers, 8  from  each  side.  This  number  may  be  increased  or  lessened 
by  mutual  consent. 

The  members  from  the  Senate  are  chosen  by  lot,  out  of  all  the 
members  of  the  Senate  present  in  Hamburg. 

The  Corporation  members  are  chosen  as  follows : 

The  whole  of  the  Corporation  members  present  are  separated  by 
lot  into  so  many  divisions,  as  equal  in  numbers  as  possible,  as  there 
are  Corporation  members  to  be  chosen  for  the  deputation.  Each  of 
these  divisions  elects  from  its  own  body  a  member  for  the  deputa- 
tion, by  voting  papers  and  an  absolute  majority  of  votes.  If  any 
chance  equality  of  votes  can  not  be  altered  by  repetition  of  the  vot- 
ing, the  decision  is  by  lot. 

The  formation  of  the  deciding  deputation  takes  place  at  a  joint 
sitting  of  the  Senate  and  the  Corporation  appointed  by  the  Senate, 
and  the  lots  for  the  choice  of  members  of  the  Senate  for  the  deputa- 
tion are  drawn  by  the  youngest  member  of  the  Civic  Committee, 
while  those  for  the  electing  divisions  of  the  Corporation  are  drawn 
by  the  youngest  member  of  the  Senate. 

73.  At  the  same  joint  sitting  of  the  Senate  and  Corporation,  or, 
if  all  the  members  of  the  Senate,  chosen  for  the  deputation,  should 
not  be  present,  at  another  sitting  appointed  for  the  purpose  by  the 
Senate,  the  following  oath  is  administered  to  all  the  members  of  the 
deputation  by  the  president  or  vice-president  of  the  Senate,  or,  if 
these  should  themselves  be  in  the  deputation,  by  the  oldest  member 
of  the  Senate  who  is  not  therein : 

I  promise  and  swear  to  God  Almighty  tliat,  in  the  matter  remaining  unsettled 
between  the  Senate  and  the  Corporation  by  reason  of  their  diiTerence  of 
opinion,  to  the  decision  of  whiclT  I  am  constitutionally  called,  I  will  in  my  vote 
and  award  have  only  the  general  good  before  my  eyes,  act  only  according  to 
the  best  of  my  knowledge  and  conscience,  not  allow  myself  to  be  led  or  deter- 
mined either  by  friendship  or  by  enmity  towards  the  Senate  or  the  Corporation 
or  the  individual  members  thereof,  nor  yet  by  the  order,  authority,  or  persua- 
sion of  any  other  person  whatever,  much  less  then  by  the  private  advantage  of 
myself  or  of  those  belonging  to  me,  but  so  do  and  act  as  I  shall  tind  it  in  ray 
conscience  advantageous  to  the  State,  and  answerable  before  God;  and  also 
that  whatever  I  myself  or  my  fellow  deputies  vote,  do,  and  allow  in  the  matter 
committed  to  us  for  decision,  I  will  never  reveal  it  to  any  man  whatsoever  in 
or  out  of  the  Senate  and  the  Corporation,  but  take  it  all  as  a  strict  secret  with 
me  to  the  grave.    So  help  me  God. 

74.  The  deciding  deputation  so  chosen  and  sworn,  of  which  the 
first  member  of  the  Senate  belonging  thereto  is  president,  has  to 
decide  the  disputed  matter  conclusively  by  a  resolution  passed  by 
absolute  majority  of  votes  in  secret  session,  within  14  days  after  it 
has  been  sworn.  The  resolution  passed  by  the  deputation  for  such 
decision  has,  without  anything  further,  quite  the  same  force  and 


CONSTITUTION   OF   HAMBURG.  141 

validity  as  a  resolution  of  the  Senate  and  Corporation.  It  is  to  be 
written  out  in  two  copies  of  the  same  tenor,  and  to  be  signed  by 
all  the  members,  and,  after  one  copy  has  been  delivered  to  the  presi- 
dent of  the  Senate  and  the  other  to  the  chairman  of  the  Corpora- 
tion by  a  member  of  the  deputation,  it  is  to  be  published  by  the 
Senate. 

Should  the  deputation  not  succeed,  even  by  putting  the  question 
repeatedly,  in  setting  aside  any  equality  of  voting  that  may  occur, 
then  a  sub- deputation  of  5  members  is  chosen  by  lot,  in  such  a  man- 
ner that  all  the  members  of  the  deputation  without  distinction, 
whether  they  belong  to  the  Senate  or  the  Corporation,  are  included 
in  the  lots,  and  5  names  are  drawn  therefrom.  The  majority  of 
the  votes  of  these  5  sub-deputies  decides  conclusively  on  the  points 
upon  which  there  was  an  equality  of  votes  in  the  deputation. 

75.  All  members  of  the  Senate  or  of  the  Corporation,  who  are 
chosen  as  members  of  the  deputation  and  of  the  sub-deputation, 
when  there  is  one,  are  bound  to  undertake  the  functions  on  pain 
of  losing  their  civic  rights  in  the  State,  and  the  right  of  carrying 
on  an}^  civic  business  in  city  or  territory..  The  obligation  of  ap- 
pearing at  the  sittings  can  only  be  excused  by  illness,  medically 
attested,  cases  of  affliction,  and  other  similar  causes  of  prevention, 
the  validity  of  which  is  decided  by  the  members  of  the  deputation 
who  are  present.  On  continued  prevention  of  a  member,  a  substi- 
tute is  chosen  respectively  by  the  Senate  in  the  same  way  as  before, 
or  by  the  Corporation  through  the  electing  division  concerned,  which 
assembles  again  for  this  purpose. 

Neither  the  deputation  nor  the  sub-deputation  can  pass  a  resolu- 
tion unless  all  the  members  are  assembled. 

No  member  of  the  deputation  can  withhold  his  vote  when  the 
question  is  put. 

Neither  the  deputation  nor  any  member  thereof  can  be  called  to 
account  for  the  resolution  that  has  been  passed  or  the  vote  that 
has  been  given. 

76.  Should  the  Senate  and  the  Corporation  come  to  diverse  con- 
clusions as  to  whether  the  difference  of  opinion  be  of  the  kind  to  be 
referred  to  the  Imperial  Court,  as  described  in  article  71,  clause  1,  or 
of  that  to  be  referred  to  a  deciding  deputation,  as  described  in  clause  2, 
then  the  decision  of  the  Imperial  Court  is  to  be  taken  thereon ;  and 
that  court,  even  when  it  declares  itself  competent  to  entertain  the 
matter,  will  at  first  confine  itself  to  that  decision  only,  without  en- 
tering into  the  matter  itself.^ 

77.  The  laws  passed  by  common  accord  of  the  Senate  and  the 
Corporation,  or  enacted  in  the  manner  described  in  articles  72  to 
75,  are  to  be  promulgated  by  the  Senate  within  14  days. 

1  Cf.  the  Imperial  Law  of  March  14,  1881. 


142  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Section   6. — The  Administration. 

[Articles  78  and  79  were  rescinded  by  law  of  November  2,  1896.] 

80.  The  Legislature  directs  for  what  branches  of  the  adriiinistra- 
tion  there  shall  be  deputations.  The  latter  are  composed  of  the 
members  of  the  Senate  thereto  appointed,  and  a  number  of  citizens. 
The  law  determines  how  far  paid  officials  can  be  members  of  such 
deputations. 

81.  The  civic  members  of  the  deputations  fill  their  offices  for  a 
number  of  years  to  be  determined  by  law,  and  perform  their  duties 
gratis. 

The  election  of  these  members  is  regulated  by  article  52. 

82.^  All  those  who  are  not  eligible  for  the  Corporation,  as  well  as 
judges  learned  in  the  law,  are  excluded  from  election  as  members 
of  a  deputation. 

83.  Every  citizen  is,  except  in  the  cases  described  in  article  84, 
bound  to  accept  the  election  to  a  deputation  and  to  hold  the  office 
for  the  legal  term,  with  reservation  of  demission  by  the  Corporation, 
or  by  the  legislative  power,  if  the  member  of  deputation  in  question 
was  not  elected  by  the  Corporation.  The  non-fulfilment  of  this 
obligation  has  the  same  consequences  as  on  the  election  to  the  Cor- 
poration (article  34). 

A  member  who  becomes  ineligible  for  the  Corporation  must  retire 
from  the  deputation. 

84.  Those  who  on  the  day  of  the  election  proceedings  have  passed 
the  60th  year  of  their  age  are  not  bound  to  accept  the  election  to  a 
deputation  or  a  court  of  law,  nor  are  those  who  have  already  been 
members  of  the  same  deputation,  of  the  same  court  of  law,  or  belong 
to  the  Civic  Committee.  Neither  is  anyone  bound  to  be  a  member 
of  two  deputations  or  two  courts  of  law,  or  of  a  court  of  law  and  a  de- 
putation at  the  same  time.  The  law  determines  what  elections  re- 
quire the  retirement  of  the  person  elected  from  other  deputations  or 
courts  of  law  of  which  he  is  a  member,  or  entitle  him  to  such  re- 
tirement. 

85.  A  member  of  the  Senate  presides  over  each  deputation;  this, 
however,  is  not  necessary  in  the  separate  divisions  of  the  deputa- 
tions. 

86.  Each  deputation  passes  its  resolutions  by  absolute  majority 
of  votes.  But  the  chairman  of  the  deputation  is  bound,  if  any  reso- 
lution runs,  in  his  opinion,  counter  to  the  Constitution  or  to  a  law, 
to  protest  against  it  and  to  bring  the  matter  before  the  Senate, 
which  latter  then  decides  upon  the  objection  raised,  without  prejudice 
to  the  right  of  the  deputation  to  bring  the  matter  before  the  Civic 
Committee  for  the  commencement,  if  necessary,  of  the  proceedings 
described  in  article  60,  clause  5. 

1  Revised  by  law  of  November  2.  1898. 


CONSTITUTION   OF   HAMBURG.  .  143 

87.  Each  member  of  the  deputation  is  answerable  to  the  State,  in 
accordance  with  the  legal  enactments,  for  the  discharge  of  the  official 
duties  incumbent  on  him  individually ;  the  chairman,  moreover,  that 
the  resolutions  of  the  deputations  do  not  violate  the  Constitution. 

88.  The  Senate  decides  in  last  instance  upon  complaints  in  admin- 
istrative affairs,  without  prejudice  to  the  judicial  decision  in  the  case 
prescribed  in  article  89. 

89.  The  administrative  authorities  may  be  sued  at  law  for  indem- 
nification or  satisfaction  without  any  special  permission,  by  anyone 
who  considers  himself  injured  in  his  private  rights  by  their  official 
proceedings.     The  law  determines  the  further  particulars. 

90.  The  separate  deputations  have  the  right  of  making  proposals 
to  the  Senate  upon  the  matters  falling  within  their  spheres  of  opera- 
tion, and  are  bound  to  report  and  give  their  opinion  to  the  Senate 
upon  such  matters  when  laid  before  them. 

91.  Each  branch  of  the  administration  has  to  send  in  its  special 
budget  for  the  next  year,  and  its  statements  of  the  receipts  and  ex- 
penditures for  the  last  year  to  the  Senate,  in  such  time  that  the  latter 
may  be  enabled  to  lay  the  general  budget  and  the  complete  yearly 
accounts  before  the  Corporation  in  due  time. 

92.  The  board  which  has  the  administration  of  the  principal  State 
funds  must  never  issue  to  another  board  a  larger  sum  than  the  total 
which  has  been  constitutionally  granted  to  the  latter.  Exceptional 
enactments  for  the  beginning  of  the  year  of  account,  in  case  the  bud- 
get should  not  then  be  settled,  are  reserved  for  the  Legislature. 

93.  For  the  promotion  of  the  interests  of  commerce  the  merchants 
elect  a  committee,  and  those  engaged  in  industrial  occupations  elect 
a  committee  for  the  promotion  of  industrial  interests.  The  mode  of 
election,  the  sphere  of  operation  of  these  committees,  and  their  rela- 
tions to  the  State  authorities  will  be  settled  by  the  Legislature. 

94.  The  Senate  is  entrusted  with  the  management  and  supervision 
of  the  entire  field  of  education  and  instruction  through  the  medium 
of  a  Principal  School  Board.    The  law  determines  the  particulars. 

95.  All  charitable  institutions  and  philanthropic  foundations  are 
under  the  supervision  of  the  State.  The  law  determines  the  par- 
ticulars. 

d(j.  Lawfully  existing  and  future  religious  communities  shall  ad- 
minister their  own  affairs  independently  but  under  the  supervision 
of  tlie  State. 

The  law  provides  for  the  conditions  under  which  new  religious 
communities  may  be  formed. 

Section  7. — The  Communes. 

97.  Matters  pertaining  to  the  communes  of  the  city  of  Hamburg, 
similarly  to  matters  pertaining  to  the  State,  are  administered  by 


144  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

the  Senate  and  Corporation,  as  far  as  the  laws  do  not  determine 
otherwise.  Questions  relating  to  the  suburb  St.  Pauli  and  to  those 
parts  of  the  rural  district  to  which  the  Order  for  Rural  Communes 
does  not  apply  shall  be  regulated  by  special  laws. 

98.  The  basis  for  the  constitutix)ns  of  the  rural  communities  will 
be  determined  by  law.  According  to  the  Order  for  Rural  Com- 
munes, the  communes  affected  thereby  will  determine  their  own  con- 
stitutions independently. 

99.  Each  rural  commune  has  the  following  rights,  the  exercise  of 
which  is  supervised  by  the  State : 

1.  Free  election  of  the  chairman  and  representative  of  each 
commune ; 

2.  Independent  administration  of  the  communal  affairs; 

3.  Publicity  of  the  transactions  of  the  communal  representa- 
tives; 

4.  Self -taxation  for  communal  purposes; 

5.  Publication  of  the  communal  accounts. 

100.  For  the  formation  of  a  new  rural  commune  a  decision  of  the 
legislative  power  is  necessary. 

Section  8. — Concluding  Enactments. 

101.  An  enactment  for  altering  the  Constitution  requires : 

{a).  A  resolution  passed  in  the  way  of  legislation  and  by  a 
majority  of  three-fourths  of  all  the  deputies  of  the  Cor- 
poration that  are  present; 
{h).  The  confirmation  of  this  resolution  by  a  majority  ot 
three-fourths  of  the  members  present  in  a  meeting  attended 
by  at  least  three-fourths  of  all  the  members,  at  earliest  21 
days  after  the  first  vote  on  the  subject  by  the  Corporation. 
In  case  less  than  three-fourths  of  the  members  present  agree  to  the 
resolution,  the  matter  is  dropped  and  the  motion  is  considered  to  be 
rejected. 

102.  In  case  of  a  Avar  or  tumult  the  constitutional  or  legal  enact- 
ments relating  to  legal  jurisdiction,  arrest,  domiciliary  visitatix)n, 
the  press,  and  the  right  of  assembly  may  be  temporarily  suspended 
by  the  Senate.  But  this  suspension  requires  the  immediate  concur- 
rence of  the  Corporation.  If  the  Corporation,  upon  being  sum- 
moned, does  not  meet  in  sufiicient  numbers  to  pass  a  resolution,  the 
Senate  has  at  once  to  obtain  the  concurrence  of  the  Civic  Com- 
mittee. 

103.  Such  a  suspension  always  expires  after  the  lapse  of  four 
weeks  after  the  day  of  passing  the  resolution.  Any  prolongation 
thereof  can  only  be  effected  in  the  same  way  as  the  original  resolu- 
tion. 

Given  in  the  meeting  of  the  Senate, 

Hamburg,  the.  13th  day  of  October,  1879. 


HESSE-DARMSTADT. 

CONSTITUTION  OF  DECEMBER  17,   1820.^ 
[Preamble.] 

Luchvig,  by  the  grace  of  God,  Grand  Duke  of  Hesse  and  over  the 
Rhine",  etc. : 

Having  learned  of  the  desires  manifested  by  our  faithful  Estates 
with  regard  to  constitutional  provisions  in  accordance  with  article  21, 
of  our  edict  of  March  18  last,  concerning  the  Constitution  of  the 
State,  and  having  drawn  up  our  resolutions  in  pursuance  thereot,  we 
now  deem  it  advisable  to  embody  in  a  single  act  these  resolutions^  as 
well  as  the  constitutional  provisions  of  our  edict  of  March  18,  which 
they  have  not  modified  in  any  respect,  and  those  of  the  election  law, 
of  the  rules  of  the  Chambers,  the  edict  on  the  right  of  citizenship  in 
the  State,  and  the  edict  on  the  service  of  the  State ;  and  we  therefore 
order  as  follows: 

Title  I. — The  Grand  Duchy  and  its  Government  in  general. 

Article  1.  The  Grand  Duchy  forms  one  of  the  constituent  parts' 
of  the  German  Confederation. 

Art.  2.  The  resolutions  of  the  Diet  concerning  the  constitutional  re- 
lations of  Germany  in  general,  or  the  relations  between  the  German 
States,  form  a  part  of  the  public  law  of  Hesse,  and  they  have  legal 
force  in  the  Grand  Duchy  as  soon  as  they  have  been  published  in  the 
name  of  the  Grand  Duke. 

The  cooperation  of  the  Estates,  however,  as  regards  the  means  ot 
fulfilling  the  engagements  of  the  Confederation,  in  so  far  as  such  co- 
operation is  founded  on  the  Constitution,  is  not  thereby  excluded. 

Art.  3.  By  the  union  of  the  old  and  the  new  territory  the  Grana 
Duchy  forms  a  whole  subject  to  one  Constitution. 

Art.  4.  The  Grand  Duke  is  the  head  of  the  State.  He  possesses  all 
the  rights  of  sovereignty  and  exercises  them  in  conformity  with  the 
provisions  fixed  upon  him  and  embodied  in  the  present  Constitu- 
tional Act. 

His  person  is  sacred  and  inviolable. 

Art.  5.  The  Government  is  hereditary  in  the  Grand  Ducal  House, 
according  to  primogeniture  and  lineal  sequence,  by  virtue  of  birth 
resulting  from  lawful  marriage  contracted  with  the  consent  of  the 
Grand  Duke. 


*  Based  on  the  French  version  of  7  British  and  Foreign  State  Papers,  pp.  386-399, 
as  translated  by  George  D.  Gregory.  Revised  and  brought  up  to  date  by  a  comparison 
with  Stoerk-Rauchhaupt,   pp.  189-202. 

92975—19 10  145 


146  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

In  case  of  absence  of  a  prince  entitled  to  the  succession  by  A'irtue 
of  relationship  or  hereditary  affiliations,  the  Government  j^asses  to 
the  female  line.  In  this  case  the  proximity  of  relationship  to  the 
last  Grand  Duke  is  the  deciding  factor,  and  in  case  of  equal  prox- 
imity, seniority  decides. 

After  the  transition,  the  prerogative  of  the  male  line  comes  again 
into  force. 

Further  provisions  relative  thereto,  will  be  determined  by  the 
House  laAv,  which  in  this  respect  forms  a  part  of  the  Constitution.^ 

Title  II. — The  DoTnams. 

Art.  6.  One-third  of  all  the  domains,  estimated  on  the  average 
net  revenue,  shall,  on  the  selection  of  the  Grand  Duke,  be  applied  to 
the  liquidation  of  the  public  debt,  and  they  shall  be  sold  successively. 

Art.  7.  The  remaining  two-thirds  of  the  domains  shall  form  the 
property  of  the  Grand  Ducal  House,  inalienable  and  free  from  debt. 

However,  the  revenue  from  this  family  property,  of  which  special 
accounts  shall  be  kept,  shall  be  carried  in  the  budget  and  applied  to 
the  expenses  of  the  State  after  the  sums  necessary  to  supply  the 
needs  of  the  Grand  Ducal  House  and  of  the  court  have  been  de- 
ducted. No  part  of  this  property  may  be  mortgaged  without  the 
consent  of  the  Estates. 

Art.  8.  In  case  of  further  acquisitions,  the  titles  of  acquisition  by 
virtue  of  which  they  are  made  shall  decide  the  question  whether 
they  are  to  be  considered  the  property  of  the  grand  ducal  family  or 
the  property  of  the  State. 

Art.  9.  The  inalienability  laid  down  by  article  7  does  not  extend 
to  transactions  which  the  Government  may  have  with  foreign  Gov- 
ernments. 

Furthermore,  it  does  not  apply  .to  the  sale  of  useless  buildings  or  of 
lands  situated  in  foreign  territory,  nor  to  compromises  and  ex- 
changes, nor  to  the  dissolution  of  feudal  ties,  of  ground  taxes,  qr  of 
services. 

In  2^\\  cases  there  shall  be  presented  to  the  Chambers  a  statement  of 
the  proceeds  of  the  sales  or  of  the  value  of  the  land.s  received  in  ex- 
change. 

Art.  10.  Immovable  Government  property  shall  not  be  disposed  of 
or  pawned,  nor  shall  it  be  burdened  with  real  rights  or  with  duties 
of  servitude. 

This  prohibition  does  not,  however,  apply  to  the  sale  or  exchange 
of  superfluous  highway  or  railway  property,  or  to  the  sale  or  exchange 
of  unessential  buildings,  or  to  the  cession  of  parcels  of  land  suitable 
for  building  sites  whose  use  for  building  purposes  shall  be  declared 

» Par.  4  as  revised  by  article  11  of  the  law  of  March  26,  1902. 


CONSTITUTION   OF  HESSE.  147 

necessary  or  desirable  by  the  provincial  committee.    Xor  does  it  apply 
to  compromises  made  for  the  purpose  of  deciding  legal  disputes.^ 

Art.  11.  The  Grand  Duke  has  the  right  to  give  the  investiture  of 
fiefs  which  are  returned  to  the  Crown  to  new  feudatories. 

Title  III. — The  Rights  and  Obligations  of  the  Hessians. 

Art.  12.  Only  natives  of  the  Grand  Duchy  shall  enjoy  civil  rights, 
both  public  (or  rights  of  State  citizenship)  [Staats-BurgerreGht^ 
and  private. 

Art.  13.  Nationality  is  acquired:  (1)  by  birth  by  those  whose 
father  and  mother  were  natives  at  the  time  of  the  individual's  birth ; 
(2)  by  marriage  of  a  foreign  woman  to  a  native;  (3)  by  holding  of 
public  office;  (4)  by  naturalization. 

Art.  14.  The  following  are  citizens  of  the  State :  native  males  who 
have  attained  their  majority  and  who  are  not  the  subjects  of  a  for- 
eign State,  and  who  have  resided  in  the  Grand  Duchy  at  least  three 
years. 

The  heads  of  existing  noble  families  who  possess  one  or  more 
manors  have  the  right  of  State  citizenship,  even  though  they  be 
personally  the  subjects  of  a  foreign  sovereign. 

Art.  15.  Non-Christian  subjects  have  this  same  right,  when  the 
law  confers  it  upon  them  or  when  it  is  granted  to  them,  either  ex- 
pressly or  tacitly,  by  installing  them  in  public  office. 

Art.  16.2 

Art.  17.  The  right  of  nationality  is  lost : 

(1)  By  emigration; 

(2)  By  the  marriage  of  a  native  woman  with  a  foreigner.  Nev- 
ertheless, the  widow  of  a  foreigner  recovers  her  nationality  if  she 
has  continued  to  reside  in  the  Grand  Duchy  during  her  married  life 
or  if  upon  the  death  of  her  husband  she  returns  to  the  Grand  Duchy 
with  the  consent  of  the  Government  and  declares  her  intention  to 
make  it  her  residence. 

Art.  18.  All  Hessians  are  equal  before  the  law. 

Art.  19.  Birth  does  not  give  any  person  the  right  to  hold  any 
public  office. 

Art.  20.^  The  difference  of  Christian  beliefs  in  the  Grand  Duchy 
does  not  condition  difference  in  political  or  civil  rights. 

Art.  21.^  The  recognized  Christian  confessions  are  granted  the 
right  of  free  and  public  exercise  of  their  religious  worship. 

Art.  22.3  Every  inhabitant  of  the  Grand  Duchy  is  guaranteed  the 
exercise  of  complete  freedom  of  conscience.    However,  a  plea  of  f ree- 

1  Article  10  as  revised  by  law  of  August  1,  1878. 

2  Rescinded  by  laws  of  September  28,  1842,  and  November  8,  1872. 

3  Amended  by  articles  1  and  2,  infra,  of  the  law  of  August  2,  1848. 


148  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

dom  of  conscience  shall  never  be  a  means  of  evading  a  duty  pre- 
scribed by  law. 

Art,  1.  Every  inhabitant  of  the  Duchy  has  the  right  of  free  and  public  exer- 
cise of  his  religious  belief. 

Under  the  pretense  of  religion,  however,  neither  the  laws  of  the  State  nor 
those  of  morality  shall  be  violated,  and  other  persons  shall  not  be  prejudiced 
thereby  in  their  political,  civil,  or  religious  rights. 

Art.  2.  The  difference  of  religious  beliefs  does  not  condition  difference  in 
political  or  civil  rights. 

Every  incompetence  or  restriction  with  regard  to  the  exercise  of  political  or 
civil  rights  or  legal  actions,  which  has  hitherto  existed  as  a  result  of  difference 
of  religious  confession,  is  abolished. 

Art.  23.  Individual  liberty  and  property  are  guaranteed  in  the 
Grand  Duchy  without  any  other  restriction  than  that  imposed  by 
the  laws. 

Art.  24.  All  Hessians  have  the  right  to  emigrate  in  conformity 
with  the  provisions  of  the  law. 

Art.  25.  In  accordance  with  the  laws  already  in  existence  on  the 
subject,  personal  servitude  is  forever  abolished. 

Art.  26.  Indefinite  compulsory  labor  may  never  be  exacted  and 
definite  compulsory  labor  may  be  commuted  for  a  consideration. 

Art.  27.  The  Government  may  not  dispose  of  private  property 
for  a  useful  public  purpose  except  in  consideration  of  compensa- 
tion, as  prescribed  by  law. 

Art,  28.  In  case  of  emergency  every  Hessian  is  obliged  to  defend 
the  country  and  may  be  called  to  the  colors. 

Art.  29.  Every  Hessian  to  whom  no  constitutional  exception  ap- 
plies is  required  to  perform  ordinary  military  service.  In  case  of 
a  call  to  fulfil  this  obligation,  the  drawing  of  lots  decides  between 
those  who  are  equally  bound  by  this  duty.  It  is,  however,  permis- 
sible to  be  replaced  by  a  substitute. 

Art.  30.  All  Hessians  are  equally  bound  to  defray  the  expenses 
of  the  State  unless  they  are  able  to  urge  a  constitutional  exception 
in  their  favor. 

Art.  31.  No  one  may  be  exempted  from  the  authority  of  his  lawful 
judge. 

Art.  32.  The  machinery  for  the  administration  of  justice  and 
procedure,  within  the  limits  of  its  legal  forms  and  sphere,  an 
activity  desired  by  the  law,  are  independent  of  the  influence  of  the 
Government. 

Art.  33.  No  Hessian  may  be  arrested  or  punished  except  by  due 
process  of  law  and  according  to  the  forms  prescribed  by  law. 

No  one  must  be  kept  in  ignorance  for  more  than  48  hours  as  to  the 
reason  for  his  arrest,  and  when  this  arrest  is  effected  by  an  authority 
other  than  the  authority  who  has  jurisdiction  over  the  prisoner,  his 
natural  judges  are  informed  thereof  as  soon  as  possible. 


CONSTITUTION   OF  HESSE.  149 

Art.  34.  Judges  may  not  be  removed  except  by  a  legal  judgment 
They  may  not  be  forced  to  resign,  and  in  case  of  transfer,  their  grade 
and  salary  shall  remain  the  same. 

However,  the  directors  of  the  colleges  of  justice  are  subject  to  the 
provisions  of  the  service  pragmatic  {DienstpragmatiJc) . 

Art.  35.  The  press,  as  well  as  book  publishing,  is  free  in  the  Grand 
Duchy.  However,  they  are  both  subject  to  the  repressive  laws  now  in 
existence  or  that  may  hereafter  be  promulgated. 

Art.  36.  Every  Hessian  is  free  to  choose  his  business  or  profession, 
and,  with  the  reservation  of  the  provisions  of  the  laws  with  regard  to 
public  officials,- everyone  is  free  to  prepare  for  the  vocation  which  he 
intends  to  pursue,  whether  in  the  Grand  Duchy  or  in  a  foreign 

country. 

Title  IV. — Privileges  of  the  Nobility. 

Art.  37.  The  rights  which  members  of  the  landed  noble  families 
{Sta'ndesheiren)  enjoy,  of  not  being  tried  by  the  ordinary  courts,  are 
determined  by  the  edict  of  February  17,  1820,  which  edict  forms  an 
integral  part  of  the  Constitution. 

Art.  38.  The  special  rights  of  the  nobility  are  placed  under  the 
protection  of  the  Constitution. 

Title  V. — Churches^  educational  and  charitable  institutions. 

Art.  39.  The  internal  constitution  of  the  churches  enjoys  the  pro- 
tection of  the  political  Constitution  likewise. 

Art.  40.  [Rescinded  by  law  of  April  23,  1875.] 

Art.  41.  Ecclesiastics  are  subject  to  the  secular  authorities  in  their 
civil  relations  and  for  acts  of  wrongdoing  that  do  not  relate  solely  to 
their  functions. 

Art.  42.  Grievances  concerning  the  abuse  of  ecclesiastical  author- 
ity may  be  laid  before  the  Government  at  any  time. 

Art.  43.  The  property  of  the  churches,  that  of  foundations  recog- 
nized by  the  State,  charitable,  and  the  various  kinds  of  public  educa- 
tional institutions  enjoy  the  special  protection  of  the  State  and  may 
in  no  case  be  incorporated  with  the  finances  of  the  Grand  Duchy. 

Art.  44.  The  funds  of  charitable  institutions  having  for  their  object 
public  worship,  instruction,  and  charity  may  not  be  used  for  any 
other  purpose  without  the  consent  of  the  Estates. 

Title  VI. — The  Conrmiv/nes. 

Art.  45.  The  affairs  of  the  Communes  shall  be  governed  by  a  law 
whose  basic  provision  shall  be  the  proper  and  independent  administra- 
tion of  their  property  under  the  supervision  of  the  State  through 
delegates  whom  it  shall  select.  The  fundamental  provisions  of  this 
law  shall  form  part  of  the  Constitution. 


150  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Art.  46.  The  property  of  the  Communes  may  in  no  case  be  incor- 
porated with  the  finances  of  the  State. 

Title  VII. — The  State  service: 

Art.  47.  No  one  may  obtain  a  public  office  unless  he  has  proved  hi& 
fitness  by  undergoing  a  suitable  examination. 

This  inile  is  subject  to  exceptions  in  the  case  of  those  who  have 
already  proved  their  fitness  in  office  in  foreign  countries. 

Art.  48.  There  is  no  reversion  of  public  office. 

Art.  49.  The  legal  provisions  granting  pensions  to  State  officials 
and  their  rights  with  regard  to  funds  established  for  widows  and 
orphans  are  under  the  guaranty  of  the  Constitution. 

The  rights  of  soldiers  to  legal  pensions,  governed  by  the  service 
pragmatic  {Dienstpragmotik) ^  likewise  specially  enjoy  this  guaranty. 

Art.  50.  Investigations  of  State  officials  for  wrongs  committed  in 
office  may  not  be  suppressed,  and  officials  who  have  been  removed  in 
pursuance  of  a  judgment  expressly  stating  that  they  may  not  re- 
enter the  service  of  the  State  shall  never  be  given  another  office. 

Title  VIII. — The  Provincial  Estates. 

Arts.  51-60.  [Rescinded  by  law  of  September  3,  1849.] 

Art.  61.  It  is  prohibited  in  the  First  as  well  as  in  the  Second 
Chamber  to  exercise  right  of  suffrage  by  proxy  or  to  receive  instruc- 
tions in  casting  a  vote. 

Art.  62.  The  members  of  th«  Privy  Council  of  State  and  the  Com- 
missioners appointed  for  the  Estates  are  free  to  attend  the  sessions, 
but  have  no  right;  to  vote. 

Art.  63.  The  Grand  Duke  alone  has  the  right  to  convene,  to  pro- 
rogue, to  dissolve,  and  to  close  the  Assembly  of  the  Estates. 

An  arbitrary  meeting  of  the  Estates,  without  being  convened  or 
after  closure,  adjournment,  or  dissolution,  is  contrary  to  law  and 
culpable. 

Art.  64.  The  Grand  Duke  will  assemble  the  Estates  annually.^  In 
case  of  a  dissolution  he  will  convoke  a  new  Assembly  of  the  Estates 
within  six  months. 

Art.  65.  Dissolution  of  the  Assembly  extinguishes  all  the  rights 
flowing  from  the  preceding  elections,  and  there  must  be  new  elections 
when  the  Estates  are  again  called  to  assemble.  The  deputies  chosen 
before  are,  however,  eligible  for  reelection. 

Art.  66.  The  Estates  are  authorized  to  take  up  only  such  matters 
as  the  following  articles  place  within  the  sphere  of  their  powers. 

If  they  exceed  their  powers  the  meeting  must  te  considered  an 
arbitrary  one. 

1  Originally  tiiennially.     Modified  to  annually  by  law  of  June  27,  1900. 


CONSTITUl'ION   OF   HESSE.  151 

Art.  67.^  Without  the  consent  of  the  Estates  no  direct  or  indirect 
tax  shall  be  announced  or  levied. 

The  fiscal  law,  which  shall  be  passed  annually,  shall  first  be  pre- 
sented to  the  Second  Chamber,  together  with  the  statement  of  Gov- 
ernment income  and  expenditures.  In  the  first  place,  confidential 
deliberations  shall  be  entertained  between  the  committees  of  both 
Chambers.  Thereupon  each  Chcmber  shall  deliberate  independently 
on  the  statement  and  the  fiscal  law.  The  First  Chamber  shall  base 
its  decision  on  the  decisions  of  the  Second  Chamber,  which  shall  be 
communicated  to  it ;  it  may  also  deliberate  separately  on  single  parts 
of  the  statement  and  of  the  fiscal  law. 

If  the  First  Chamber  does  not  indorse  the  decisions  of  the  Second 
Chamber  the  fiscal  law  as  well  as  the  statement  return  to  the  Second 
Chamber  for  further  deliberation  and  decision.  As  far  as  the  Second 
Chamber  adheres  to  its  decisions  the  said  decisions  are  again  sub- 
mitted to  the  First  Chamber.  If  the  latter  does  not  indorse  it,  and 
if  the  Second  Chamber  does  not  subsequently  accede  to  the  decisions 
of  the  First  Chamber,  the  disputed  points  of  the  statement  shall  be 
settled  according  to  the  decisions  of  the  Second  (^hamber.  The  fiscal 
law  as  evolved  by  the  Second  Chamber  shall  then  again  be  submitted 
to  the  First  Chamber,  which  may  accept  or  reject  it  in  toto. 

If  the  First  Chamber  should  reject  the  fiscal  law,  the  said  law 
shall  be  deliberated  and  voted  upon  in  toto  in  a  joint  session  of  the 
two  Chambers  presided  over  by  the  president  of  the  First  Chamber. 
In  this  vote  an  absolute  majority  shall  decide;  in  case  of  a  tie  the 
vote  of  the  president  of  the  Second  Chamber  shall  decide. 

If  a  matter  should  require  a  total  expenditure  of  more  than  200,000 
marks,  which  are  to  be  raised  by  means  of  a  loan,  the  requisite  sum 
shall  not  be  demanded  in  the  statement,  but  shall  be  presented  in  a 
special  bill  to  the  Estates.  This  provision  does  not  refer  to  demands 
made  with  regard  to  obligations  due  to  the  State  on  the  basis  of 
the  agreement  between  Hesse  and  Prussia  relative  to  the  joint  admin- 
istration of  the  railway  property  of  both  countries  of  June  23,  1896, 
as  well  as  all  later  additions  to  this  agreement,  nor  does  it  refer  to 
the  fulfilment  of  legal  obligations  with  regard  to  the  State  treasury, 
to  the  execution  of  legal  measures,  or  to  the  covering  of  a  deficit  of 
the  a'dministration. 

Art.  68.  Neither  of  the  two  Chambers  may  condition  its  concur- 
rence in  this  respect  upon  the  fulfilment  of  certain  specific  wishes. 

However,  the  two  Chambers  are  authorized  to  demand  not  only  a 
complete  tabulation  of  the  needs  of  the  State,  accompanied  by  docu- 
ments, but  also  a  satisfactory  statement  of  the  uses  to  which  the  sums 
previously  granted  have  been  put. 


^Article  67  as  revised  by  law  of  June  3,  1911. 


152  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Art.  69.  Taxes,  unless  they  have  been  imposed  merely  for  a  tem- 
porary purpose  that  has  been  fulfilled,  shall  continue  to  be  levied 
for  six  months  beyond  the  period  for  which  they  have  been  agreed  to 
if  the  Assembly  of  the  Estates  is  dissolved  before  a  new  financial  law 
is  passed  or  if  the  deliberations  of  the  Estates  drag  on. 

These  six  months  shall  nevertheless  be  counted  in  the  new  fiscal 
period. 

Art.  70.  The  civil  list  may  not  be  diminished  during  the  reign  of 
a  Grand  Duke  without  his  consent,  nor  increased  without  his  consent, 
nor  increased  without  the  consent  of  the  Estates. 

Art.  71.  In  extraordinary  cases,  when  external  dangers  require 
that  funds  be  collected  promptly  and  external  conditions  make  it 
impossible  to  convene  the  Estates  or  to  deliberate  with  them  before- 
hand, the  Government  may  borrow  the  necessary  sums,  provided  that 
it  justifies  the  uses  to  which  the  money  is  put,  and  on  the  responsi- 
bility of  the  principal  authorities  of  the  State. 

Art.  72.  No  law,  even  though  it  relate  to  the  police  of  the  country, 
may  be  put  into  effect  or  abolished  or  modified  without  the  consent  of 
the  Estates. 

If  the  doctrinary  interpretation  of  a  law  is  not  sufficient,  an 
authentic  interpretation  does  not  take  place,  but  rath.er  does  it  become 
necessary  to  make  a  new  provision  by  act  of  legislation. 

Art.  73.^  The  Grand  Duke,  without  the  cooperation  of  the  Estates, 
is  empowered  to  issue  orders  and  to  take  measures  necessary  for  the 
execution  and  administration  of  the  laws  and  in  the  interest  of  super- 
visional  and  administrative  legislation.  In  urgent  cases  he  may  take 
the  necessary  steps  for  the  safety  of  the  State. 

Art.  74.  The  Grand  Duke  alone  and  without  the  cooperation  of  the 
Estates  has  the  right  to  dispose  of  the  military  force,  to  regulate  its 
formation,  its  discipline,  and  to  issue  all  orders  relative  to  the  mili- 
tary service. 

The  existing  military  penal  code  and  the  code  to  be  promulgated 
by  the  Grand  Duke  for  officers  can  not,  however,  in  so  far  as  they  do 
not  relate  to  the  objects  designated,  be  modified  in  any  way  in  future 
without  the  cooperation  of  the  Estates. 

Art.  75.2  jf  ^j^^  Chamber  should  vote  against  a  bill,  the  latter  is 
definitely  rejected. 

However,  if  such  a  bill  of  the  Government  should  again  be  pre- 
sented by  the  Government  to  the  Estates  at  the  next  Diet  and  be 
accepted  by  one  Chamber  but  rejected  again  by  the  other,  the  Gov- 
ernment may  demand  that  the  bill  be  discussed  and  voted  upon  in 
a  joint  session  of  both  Chambers  at  which  the  president  of  the  First 
Chamber  shall  preside.    A  simple  majority  of  the  members  of  both 

1  Article  73  as  restricted  by  law  of  July  15,  1862. 
a  Article  75  as  recast  by  law  of  June  3,  1911. 


CONSTITUTION   OF   HESSE.  153 

Chambers  present  shall  be  necessary  for  passing  the  bill  if  the  bill 
originally  was  accepted  by  two-thirds  of  the  members  of  the  Cham- 
ber which  passed  it ;  otherwise  two-thirds  of  the  votes  of  those  pres- 
ent at  the  joint  session  shall  be  necessary  for  passing  the  bill.  In 
case  of  a  tie  the  vote  of  the  president  of  the  Second  Chamber 
decides. 

Art.  76.  Bills  shall  only  be  presented  by  the  Grand  Duke  to  the 
Estates,  not  by  the  Estates  to  the  Grand  Duke.  However,  the  Es- 
tates may  by  means  of  petition  request  new  laws  or  modification  or 
annulment  of  the  existing  laws. 

Art.  77.  Levies  to  increase  the  number  of  troops  beyond  the  con- 
tingent prescribed  for  the  Confederation  may  only  be  ordered  by 
laAV ;  nevertheless  the  Government  has  the  right  in  emergencies  to 
take  the  necessary  measures  for  the  preservation  of  the  State. 

Art.  78.  The  entire  State  debt,  which  can  never  be  increased  with- 
out the  consent  of  the  Estates,  is  guaranteed  as  such  by  the  Consti- 
tution.   The  sinking  fund  determines  the  manner  .of  its  payment. 

Art.  79.  The  Chambers  have  the  right  to  lay  before  the  Grand 
Duke  all  proposals  which,  in  accordance  with  a  resolution,  they 
deem  it  proper  to  submit  to  him,  such  as  connnon  grievances  or 
desires. 

Art.  80.  In  particular  the  Chambers  have  the  right  to  lay  before 
the  Grand  Duke,  in  the  manner  prescribed  by  the  preceding  article, 
grievances  which  they  may  consider  it  necessary  to  report  against 
State  officials. 

Art.  81.^  Individuals  and  corporations  shall  only  have  recourse  to 
the  Chambers  of  the  Estates  when  they  consider  themselves  unjustly 
or  unfairly  injured  or  oppressed  and  when  at  the  same  time  they  can 
prove  that  they  have  without  success  taken  all  legal  and  constitu- 
tional steps  to  gain  relief  at  the  hands  of  the  Government  authorities. 

Such  a  petition  can  afford  the  Estates  the  opportunity  to  make  use 
of  the  prerogative  of  complaining,  as  provided  in  the  preceding 
articles,  unless  the  said  Estates  should  retract  their  petition  forthwith, 
or  after  the  receipt  of  a  statement  issued  by  the  State  Privy  Council 
or  the  Commissioners  of  the  Diet. 

The  submission  of  a  petition  by  individuals  and  corporations  with 
regard  to  general  political  interests,  the  preservation  of  which  is 
incumbent  solely  on  the  Estates,  is  not  permissible,  and  meetings  of 
individuals  and  corporations  for  such  a  purpose  are  in  violation  of 
the  law  and  punishable. 

Aet.  1.  Article  81  of  the  Constitution  is  rescinded,  as  far  as  restrictions  of 
tiie  rigiit  of  petition  tlierein  contained  are  concerned. 

Art.  2.  The  right  of  meeting  for  the  purpose  of  discussing  general  political 
or  private  interests  may  be  exercised  freely. 

*  rnnsiderably  modified  by  articles  1  and  2,  infra^  of  the  law  of  March  16,  1848. 


154  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Art.  82.  If  one  of  the  Chambers  should  not  concur  in  a  decision  ol 
the  other  upon  a  petition  or  complaint,  the  latter  is  free  to  inform 
the  Government  of  the  petition  or  complaint  through  the  ordinary- 
channels  of  communication,  adding  that  it  has  been  communicated 
to  the  other  Chamber  but  that  the  latter  has  refused  to  concur  therein. 

Art.  83.  The  Estates  are  not  accountable  for  the  tenor  of  their 
votes  freeh^  cast.  But  the  right  freely  to  express  an  opinion  does 
not  protect  a  member  from  the  charge  of  calumny  which  individuals 
may  be  moved  to  make  as  a  result  of  this  expression  of  opinion. 

In  such  an  event  individuals  preserve  the  right  which  the  law 
grants  them  of  bringing  complaint  against  the  calumniators.  Com- 
plaints of  this  kind  must  be  brought  before  the  college  of  justice  of 
the  province  where  the  Assembly  of  the  Estates  is  held. 

Art.  84.  While  the  Assembly  is  in  session  none  of  its  members  is 
liable  to  an}^  form  of  arrest,  except  with  the  consent  of  the  Chamber 
to  which  he  belongs,  unless  he  is  caught  in  the  act,  in  which  case  the 
arrest  must  be  reported  to  the  Chamber  of  which  the  culprit  is  a 
member,  together  with  the  reasons  therefor. 

Art.  85.  The  Grand  Duke  shall  name  the  first  president  of  the 
First  Chamber  for  the  duration  of  the  Diet. 

As  soon  as  one-third  of  the  members  who  were  subject  to  being 
called  and  could  have  appeared  have  met,  the  Government  commis- 
sioner assembles  the  Chamber  in  order  to  constitute  it,  whereupon  the 
Chamber,  presided  over  b}^  the  president,  or  if  none  shall  as  yet 
have  been  named,  under  the  presidency  of  the  commissioner,  shall 
nominate  to  the  Grai;d  Duke  three  members  in  candidacy  for  the 
office  of  second  president  for  this  Diet  and  shall  thereupon  proceed  to 
the  election  of  the  two  secretaries,  who  are  to  hold  office  for  tbp 
duration  of  the  Diet. 

Art.  86.  As  soon  as  27  hona  fide  members  have  appeared,  the  Sec- 
ond Chamber  may  be  tentativel}^  constituted. 

This  is  done  by  the  Introduction  Committee.  At  the  time  of  con- 
vocation of  a  new  Diet  by  virtue  of  new  elections  six  members  are 
immediately  chosen,  under  the  direction  of  the  Committee  of  Intro- 
duction, who  are  nominated  to  the  Grand  Duke  as  candidates  for  the 
first  and  second  presidency.  In  summoning  a  Diet  without  new 
elections,  the  Committee  of  Introduction  will  temporarily  appoint 
the  senior  member  of  the  Chamber  to  the  presidency,  in  order  that 
the  Chamber  may,  with  the  assistance  of  two  secretaries  to  be  named 
by  the  president,  proceed  to  the  election  of  the  six  members  to  the 
presidential  positions. 

As  soon  as  the  presidents  have  been  named  for  this  Diet,  the  two 
secretaries  are  elected. 

Art.  87.  The  final  decision  as  to  the  validity  of  selections,  admis- 
sion, refusal  to  admit,  or  the  removal  of  members  of  the  Chambers 


CONSTITUTION   OF  HESSE.  155 

rests  with  each  of  them  as  soon  as  the  Assembly  of  the  Estates  is 
opened. 

Art.  88.  The  opening  of  the  meeting  of  the  Estates  takes  place 
simultaneously  in  both  Chambers,  in  the  presence  of  the  Grand  Duke 
in  person  or  of  a  commissioner  delegated  by  him  for  this  purpose. 

The  new  members  of  the  Estates  shall  swear  the  following  oath  at 
the  opening  of  the  Estates : 

I  swear  fidelity  to  tlie  Grand  Duke,  obedience  to  the  laws,  strict  oliservance 
of  the  Constitution,  and  that  in  the  meeting  of  the  Estates  I  shall  consider  only 
the  general  welfare  in  accordance  with  my  best  personal  convicton,  influenced 
by  no  instructions  of  any  other  person. 

Members  entering  after  the  opening  of  the  Chambers  sw^ear  the 
oath  to  the  president  of  their  Chamber. 

Art.  89.  The  proposals  of  the  Government  shall  be  communicated 
to  the  Chambers,  or  to  that  one  of  them  which  is  to  pass  upon  it  first, 
by  the  members  of  the  Ministry  of  State  or  by  the  Commissioners  of 
the  Assembly. ' 

Art.  90.  Every  member  of  the  Estates  has  the  right  to  make,  in 
the  Chamber  of  which  he  is  a  member,  motions  upon  questions  falling 
within  the  sphere  of  the  Chambers'  powers. 

Art.  91.  Proposals  of  the  Government,  those  of  either  of  the  two 
Chambers  or  one  of  its  members,  which  have  been  rejected  by  the 
other  Chamber,  may  not  be  reintroduced  at  the  same  session. 

Art.  92. — The  preparations  for  deliberation  are  made  by  chosen 
committees. 

Art.  93.  A  resolution,  in  order  to  gain  validity  in  the  First  Cham- 
ber, must  be  voted  upon  by  at  least  one-third  of  those  members  who 
were  subject  to  call  and  could  have  appeared;  in  the  Second  Chamber 
the  vote  of  at  least  27  members  is  necessary,  and  in  both  Chambei*s 
a  majority. 

In  the  case  of  a  tie  the  motion  of  the  Government  decides,  in  other 
matters  the  view  conforming  with  the  existing  conditions,  and  in  the 
case  of  complaints  against  public  authorities  or  individuals  the  view 
which  is  more  favorable  to  the  person  or  persons  complained  against. 

Art.  94.  When  one  of  the  Chambers  is  not  complete  up  to  the  num- 
ber required  by  the  preceding  article,  in  order  to  pass  upon  a  valid 
resolution,  the  incomplete  Chamber  is  considered  as  consenting  to  the 
resolutions  of  the  complete  Chamber. 

Art.  95. — The  Chambers  may  not  deliberate  jointly  except  in 
specially  determined  cases,  but  they  must  communicate  to  each  other 
the  resolutions  which  they  have  passed. 

Nevertheless  any  committee  of  either  Chamber  may  confer  with  the 
corresponding  committee  of  the  other  Chamber  in  the  event  of  a 
Question  being  submitted  to  both  Chambers,  either  by  a  Government 


156  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

proposal  or  by  the  communication  of  a  resolution  of  the  other  Cham- 
ber. 

Art.  96.  The  Estates  may  not  consult  with  any  other  authority 
than  the  Privy  Minister  of  State  and  the  commissioners  appointed 
for  the  Assembly. 

The  committees  must  confer  with  the  members  of  the  Privy  Minis- 
try and  the  commissioners  for  such  information  as  they  may  require 
or  in  order  to  harmonize  differences  of  opinion. 

Art.  97.  All  the  resolutions  of  either  of  the  Chambers  must  be  com- 
municated to  the  other,  unless  they  relate  to  matters  with  regard  to 
which  the  resolution  of  one  Chamber  may  according  to  the  Constitu- 
tion be  put  into  effect  independently  of  that  of  the  other. 

Art.  98.  The  joint  resolutions  of  the  Chambers  shall  be  submitted 
by  a  joint  deputation  to  the  Grand  Duke  or  to  a  commissioner  ap- 
pointed by  him  for  that  purpose. 

Art.  99.  The  Chambers  shall  publish  their  transactions  in  printed 
form,  in  so  far  as  they  do  not  refer  to  confidential  disclosures  of  the 
Government  or  of  the  other  Chambers,  or  to  disclosures  intended  for 
one  of  these  bodies. 

Art.  100.  Under  the  same  conditions  they  also  have  the  right  to 
admit  a  certain  number  of  auditors  according  to  the  existing  or 
future  parliamentary  provisions. 

Art.  101.  The  Grand  Duke  shall  close  the  Assembly  either  in  per- 
son or  through  a  commissioner  whom  he  shall  appoint  for  this  special 
purpose,  and  he  shall  then  cause  the  minutes  of  the  Assembly  to  be 
published  after  having  first  communicated  them  to  the  Estates. 

Title  IX. — General  Provisions. 

Art.  102.  In  all  relations  of  private  law  the  treasury  has  precedence 
over  the  courts. 

Art.  103.  There  shall  be  one  Civil  Code,  one  Penal  Code,  and  one 
Code  of  Procedure  for  the  entire  Grand  Duchy. 

Art.  104.  There  shall  be  no  special  privileges  to  commerce  and  in- 
dustry by  virtue  of  a  special  law. 

However,  the  Government  shall  have  the  power  to  grant  for  defi- 
nite periods  patents  for  inventions. 

Art.  105.  The  penalty  of  the  general  confiscation  of  an  entire  for- 
tune is  forever  abolished.  ' 

The  law  shall  provide  more  fitting  penalties,  which  shall  be  sub- 
stituted therefor. 

Title  X. — The  Guarantee  of  the  Constitution, 

Art.  106.  Every  Grand  Duke,  upon  his  accession  to  power,  shall 


CONSTITUTION   OF  HESSE.  157 

to  them,  assurance  that  he  will  unswervingly  uphold  the  Constitu- 
tion. 

Art.  107.   [Rescinded  by  law  of  March  26,  1902.] 

Art.  108.  All  citizens  of  the  State,  upon  establishing  their  domicile 
in  the  country,  and  upon  giving  their  allegiance  and  homage,  as  well 
as  all  State  officials,  upon  their  assumption  of  office,  are  required  to 
take  the  following  oath,  unless  they  have  already  done  so : 

I  swear  to  be  faithful  to  the  Grand  Duke,  to  obey  the  hnv,  and  to  observe  the 
Constitution  of  the  State. 

Art.  109.  The  Ministers  of  State  of  the  Grand  Duchy  and  all  other 
officials,  when  they  are  not  acting  under  the  orders  of  higher  authori- 
ties, are  responsible  for  strict  observance  of  the  Constitution,  each 
within  the  sphere  of  his  powers. 

The  law  on  the  responsibility  of  the  ministers  and  higher  authori- 
ties of  the  State  forms  an  integral  part  of  the  Constitution. 

Art.  110.  No  changes  may  be  made  in  or  any  explanations  added 
to  a  constitutional  act  except  with  the  consent  of  the  two  Chambers. 

For  this  purpose  the  support  of  at  least  26  members  of  the  Second 
Chamber  and  a  majority  of  at  least  12  members  of  the  First  Cham- 
ber are  required. 

But  if  the  number  of  those  voting  who  take  part  in  the  delibera- 
tions is  such  that  two  thirds  of  this  number  is  in  excess  of  the  num- 
bers fixed  above,  the  assent  of  two-thirds  of  those  voting  is  necessary 
for  the  adoption  of  the  proposed  changes. 

In  declaring  by  the  present  act  that  the  above  provisions  form  the 
fundamental  Constitution  of  our  Grand  Duchy,  we  give  assurance  in 
the  most  solemn  manner  that  not  only  shall  we  ourselves  faithfully 
and  inviolately  fulfil  the  stipulations  which  it  contains,  but  also 
that  we  shall  constantly  do  our  utmost  to  uphold  this  Constitution 
and  to  protect  it  from  all  attacks. 

In  faith  whereof  we  have  signed  this  fundamental  law  of  the  State, 
and  we  have  caused  the  great  seal  of  the  Grand  Duchy  to  be  affixed 
thereto. 

Given  in  our  residence  at  Darmstadt  this  17th  day  of  December 
1820. 

[L.8.]    LUDEWIG. 

VON  Grolman. 


LIPPE.^ 

1.   CONSTITUTION  OF  JULY  6,   1836.^ 

[Preamble.] 

• 
By  God's  grace  we,  Paul  Alexander  Leopold,  Euling  Prince  of 

Lippe,  noble  Lord  and  Count  of  Schwalenberg  and  Sternberg,  etc., 

For  a  long  time  it  has  been  our  wish,  by  the  sanction  of  a  provin- 
cial constitution  which  w^ould  be  in  conformity  with  the  times,  to 
bring  about  a  general  representation  of  the  interests  of  the  land,  based 
on  ground  property,  which  is  the  safest  and  most  permanent  pos- 
session, and  to  fix  the  rights  and  duties  of  the  provincial  representa- 
tion based  thereon. 

Whereas  this  important  question  has  now  been  carefully  discussed, 
in  the  Diet  which  closed  to-day,  with  our  faithful  Estates,  we  pro- 
mulgate, with  the  consent  of  the  said  Estates,  under  abolishment  of; 
the  Order  of  June  8,  1819,  and  of  the  Election  Law  thereto  appended,! 
as  well  as  of  the  Order  of  Business  of  August  31,  1819,  the  following! 

CONSTITUTION  AND  ELECTION   LAW  FOR  THE  SECOND  AND  THIRD  ESTATES. 

Title  I. — Provisions  of  the  Provincial  Estates^  their  Rights  and 

Duties. 

Articles  1  and  2.^ 

Art.  3.*  To  facilitate  and  to  hasten  the  administration  of  pro- 
vincial affairs  outside  of  the  Diet  each  Estate  elects  a  deputy,  and  if 
an  Estate  should  consider  it  proper,  also  a  substitute,  both  of  whom 
must  reside  in  the  land.  The  three  deputies  form  the  committee, 
and  their  functions  are  restricted  to  6  years.  They  may  be  reelected. 
The  election  must  in  every  case  be  approved  by  the  Sovereign. 

Art.  4.  The  provincial  syndic  conducts  the  business  of  the  Pro- 
vincial Estates.  He  is  chosen  by  all  the  provincial  deputies,  and 
his  nomination  is  approved  by  the  Sovereign.  He  must  be  legally 
trained  and  a  native;  all  regulations  pertaining  to  servants  of  the 
State  apply  to  him.     Until  the  creation  of  a  general  treasury  he 

*  Translation  by  the  editor  based  on  the  text  as  found  in  Stoerk-Rauchhaupt,  pp.  204- 
211. 

2  According  to  advices  from  the  Princely  Government  of  Lippe  only  articles  3  (cf.  not« 
8uh  article  3),  5  (with  the  exception  of  the  last  sentence  of  paragraph  2),  6  (paragrapli 
1),  7,  24,  26-29,  35,  38,  and  39  are  still  in  force;  questions  of  minor  detail  regardiag 
this  list  are  here  disregarded. 

8  Articles   1   and   2    rescinded   primarily   by    the   Election    Law   of   October   19,    1912 
articles  8-23  and  36  rescinded  by  the  same  law. 

*  Article  3  replaced  to  a  great  extent  by  article  3  of  the  law  of  June  3,  1876. 

158 


CONSTITUTION   OF   LIPPE.  159 

shall  receive  one-third  of  his  salary  from  each  of  the  Estates,  re- 
spectively ;  the  third  Estate  shall  pay  its  quota  from  the  provincial 
treasury. 

Art.  5.^  The  Provincial  Estates  are  guaranteed  those  rights  which 
they  possessed  until  1805,  as  far  as  the  said  rights  are  not  modified 
by  the  present  law. 

In  particular,  no  new  tax  may  be  levied  without  previous  delibera- 
tion and  express  consent  of  the  Diet,  and  no  new  loan  may  be 
floated  on  the  credit  of  the  provincial  treasury.  In  cases  where  the 
interest  of  the  State  demands  unconditional  haste,  the  committee 
of  the  Provincial  Estates,  at  least,  is  to  be  consulted  for  deliberation 
and  repartition,  and  at  the  next  Diet  the  necessity  for  having 
taken  such  steps  shall  be  shown  to  the  assembled  Estates,  under 
reservation  of  the  jus  monendi  of  the  latter.  Moreover  the  first  and 
second  Estates  shall  always  have  the  right,  each  for  itself,  to  ap- 
point a  qualified  deputy  to  the  General  High  Court  of  Justice  and, 
if  the  case  should  occur,  to  the  provincial  guardianship.  A  deputy 
appointed  to  the  Court  must  reside  in  the  land ;  a  deputy  appointed 
to  the  provincial  guardianship  must  in  addition  be  free  from  all 
State  services. 

The  pactum  unionis^  the  'pactum  tutoriuin^  and  the  order  of  busi- 
ness of  the  High  Court  of  Justice  will  be  confirmed  expressly  by  us, 
and  the  rights  of  the  hereditary  lines  laid  down  in  the  House  laws, 
shall  be  observed  unalterablv. 

Art.  6.  The  Government  shall  at  every  Diet  present  a  budget  of 
the  grants  of  money  considered  necessary,  said  budget  to  be  sub- 
mitted for  careful  examination  and  under  observation  of  the  welfare 
of  fhe  land. 

With  respect  to  the  continuance  of  taxes  which  have  already  been 
levied  or  of  those  to  be  granted  in  accordance  with  article  5,  the 
confederative  decision  of  June  28,  1832,  published  on  August  7,  1832, 
and  printed  in  volume  7  of  the  collection  of  the  decrees  of  the  land, 
shall  be  carefully  observed. 

Art.  T. — The  Provincial  Estates  have  the  right  to  make  proposals 
in  matters  pertaining  to  the  welfare  of  the  country  and  the  perfection 
of  legislation,  as  well  as  the  right  of  reminder  and  of  notification  in 
case  of  abuses  of  the  administrative  authorities  or  of  crimes  com- 
mitted by  individual  State  servants.  The  result  of  these  notices 
shall  be  reported  to  the  Estates  at  the  next  Diet. 

Title  II. — Composition  and  Apportionment  of  the  Provincial 

Estates. 
Articles  8-12. ^ 

1  Cf.  the  law  of  December  8,  1867,  printed  below. 

2  Cf.  note  to  article  1. 


160  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Title  III. — The  Election  of  Deputies  of  the  Diet  belonging  to  the 
second  and  third  Estates. 

Articles  13-23.^ 

Title  TV.— The  Diets. 

Art.  24.  A  princely  summons  published  in  the  Gazette  and  fur- 
nished to  the  deputies  of  all  the  Estates,  summons  the  Diet,  usually 
in  the  residential  city  of  Detmold. 

Meetings  of  the  Diet  otherwise  called  are  illegal  and  void.  As 
to  other  meetings  of  the  Estates  the  existing  laws  remain  in  force. 

Art.  25.  The  Diet  shall  assemble  every  2  years,  but  if  the  Sov- 
ereign should  consider  it  necessary,  more  frequent  meetings  may 
be  called. 

Art.  26.2  After  the  death  of  the  Sovereign  the  provincial  depu- 
ties shall  be  summoned  within  3  weeks  in  order  to  swear  allegiance, 
or,  in  case  a  guardianship  must  be  established,  to  cooperate  in  doing 
so,  in  accordance  with  the  pactum  tutoHuin  of  1667. 

Art.  27.  Whenever  a  new  election  of  the  provincial  deputies  of 
the  second  and  third  Estates  has  taken  place,  a  princely  commis- 
sion enters  the  meeting  before  the  opening  of  the  Diet  and  admin- 
isters the  oath  to  those  who  were  newly  elected.  The  latter  swear 
as  follows: — 

I  swear  fidelity  to  the  Prince,  obedience  to  the  laws,  and  scrupulous  observ- 
ance of  the  Constitution,  and  I  swear  that  in  the  Assembly  of  the  Estates 
I  will  consider  only  the  general  welfare  according  to  my  own  best  conviction^ 
which  shall  be  governed  by  no  commission  given  to  me  by  another. 

Art.  28.  Each  Estate  elects  its  committee-deputy,  and  all  the  pro- 
vincial deputies  elect  the  provincial  syndic.  The  elections  are  re- 
ported to  the  Government,  which  secures  the  consent  of  the  Sover- 
eign, has  the  elections  published,  and  sees  to  it  that  the  deputies, 
as  well  as  the  provincial  syndic,  the  latter  in  accordance  with  ar- 
ticle 39  of  this  Constitution,  are  sworn  in.  In  case  of  vacancy, 
the  election  of  the  deputies  and  of  the  syndic  may  be  held  outside 
of  the  Diet,  too. 

Art.  29.  After  the  Assembly  of  Estates  has  been  completely  con- 
stituted, its  solemn  opening  takes  place  in  the  residential  palace, 
as  usual. 

Art.  30.3  'pj^g  preparatory  deliberations  occur  in  one  meeting,  but 
the  voting  is  done  in  separate  curiae.  Only  matters  concerning  gen- 
eral provincial  dues  shall  be  deliberated  upon  until  their  conclusion 
in  the  general  meeting.  The  majority  of  the  total  number  of  dele- 
gates decides. 

1  Cf.  note  to  article  1. 

2  A  prolongation  of  this  period  was  promised,  since  at  the  time  no  regular  Diet  was  in 
session,  by  the  sovereign  decree  concerning  the  oath  of  allegiance  of  the  Diet,  of  Decem- 
ber 21,  1871. 

»  Cf.  note  to  article  5. 


CONSTITUTION   OT  LIPPB.  161 

Art.  31.  If  verbal  explanations  and  more  detailed  evidence  are 
necessary  for  the  propositions  of  the  Sovereign,  which  are  communi- 
cated to  the  provincial  deputies  4  weeks  before  the  meeting  of  the 
Diet,  or  for  other  motions,  the  Sovereign  names  a  commission  whicli 
shall  attend  the  deliberative  sessions  devoted  to  this  purpose. 

Art.  32.  The  Diet  must  present  a  report  touching  on  all  points  of 
the  proposals  of  the  Sovereign,  as  complete  as  possible  and  well  con- 
sidered, whereupon  the  recess  of  the  Diet  follows,  as  usual.  Wishes 
which  have  not  been  fulfilled  and  propositions  of  the  Provincial  Es- 
tates which  have  not  been  approved  may  be  repeated  in  the  next 
Diet. 

Art.  33.^  Usually  a  session  of  the  Diet  lasts  2  to  3  weeks.  The 
meetings  of  the  Estates  are  public,  and  the  results  thereof  shall  be 
published  in  printing  by  the  Government  after  previous  consultation 
with  the  committee  deputies. 

Art.  34.  Every  deputy  of  the  Diet,  as  well  as  the  provincial  syndic, 
shall  receive  during  the  sessions  of  the  Diet  and  other  meetings  of  the 
Estates  summoned  by  the  Sovereign  a  daily  allowance  of  3  thalers. 
until  further  notice  from  the  provincial  treasury. 

Art.  35.  The  Diet  is  closed  with  the  same  formalities  which  attend 
its  opening. 

Title  V. — The  Direcforatt  of  the  Estates,  the  Committee^  and  ttie 

Provincial  Syndic. 

Art.  36.2 

Art.  37.  The  three  committee-deputies  sign  the  decisions  of  the 
Diet,  and  the  provincial  syndic  countersigns  them;  the  committee- 
deputies  represent  the  provincial  deputies  where  the  latter  have  no 
jurisdiction,  in  the  rights  which  belong  to  them  according  to  the 
relation  which  the  curiae  have  to  each  other  (article  30). 

However,  they  can  not  enter  into  any  permanent  obligations  for  the 
land  and  are  accountable  to  the  Provincial  Estates  for  their  actions. 

Art.  38.  The  deputies  form,  under  the  directorate  of  a  member  of 
the  Government,  the  college  for  the  adminstration  of  the  provincial 
treasury.  It  is  the  duty  of  this  college  to  examine  and  to  audit  annu- 
ally all  provincial  treasury  accounts.  The  deputies,  who  must  give 
account  to  the  Diet  for  the  condition  of  the  treasury  in  their  pro- 
posals and  observations,  receive  copies  of  the  bills  and  of  the  audi- 
tors' report. 

Art.  39.  The  provincial  syndic,  as  secretary  of  the  Diet,  keeps  a 
complete  record  of  all  details  and  decisions,  takes  the  minutes  in  the 
general  as  well  as  curial  sessions,  preserves  the  register  and  keeps  it 
in  order.    At  the  same  time  he  must  write  all  statements  and  other 

1  The  principle  of  publicity  of  the  sessions   and  of  conditional   exclusion   of  publicity 
was  introduced  on  March  24,  1848,  and  confirmed  on  August  4,  1869. 
■Cf.  note  to  article  1. 

92975—19 -11 


162  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

documents  pertaining  to  the  affairs  of  the  Provincial  Estates,  without 
himself  having  a  vote. 

Art.  40.^  Concerning  the  salary  and  emoluments  of  the  committee- 
deputies  and  of  the  provincial  syndic  the  Provincial  Estates  will  make 
proposals,  subject  to  the  approval  of  the  Sovereign,  at  the  first  Diet. 

We  desire  and  decree  that  this  Constitution,  together  with  the 
Electoral  Law  for  the  second  and  third  Estates,  connected  with  it, 
be  considered  a  basic  constitutional  law,  and  that  everyone  whom 
it  concerns  shaH  act  strictly  in  accordance  therewith  and  observe  it 
faithfully. 

Given  with  our  own  hand  and  provided  with  the  official  seal. 
DET!vroLD,  July  6, 1836. 

[l.  s.]  LEOPOLD,  Prince  of  Lippe. 

W.  A.  ESCHENBURG. 


2.  LAW  CONCERNING  THE  RIGHTS  OF  THE  PROVINCIAL  ESTATES 
IN  RESPECT  TO  THEIR  COOPERATION  IN  LEGISLATION,  DECEM- 
BER 8,  1867. 

By  God's  grace,  we,  Paul  Friedrich  Emil  Leopold,  Ruling  Duke 
of  Lippe,  noble  Lord  and  Count  of  Schwalenberg  and  Sternberg,  etc., 
etc.,  promulgate  with  the  consent  of  the  Diet  the  following  legal  pro- 
visions concerning  the  right  of  the  Provincial  Estates  in  respect  to 
their  cooperation  in  legislation,  these  provisions  being  supplementary 
to  article  5,  paragraph  1,  and  modificatory''  of  article  30  of  the  Consti- 
tution of  July  (),  1886 : 

Article  I.  (jeneral  provincial  laws  which  concern  personal  freedom, 
property,  or  other  legally  acquired  rights  of  subjects,  as  well  as  laws  per- 
taining to  the  Constitution,  may  be  promulgated,  rescinded  or  authen- 
tically interpreted  only  with  the  consent  of  the  Provincial  Estates. 
Art.  2.  Decrees  concerning  the  execution  or  regulation  of  existing 
laws,  in  conformity  with  the  provisions  and  principles  of  the  latter, 
or  orders  issued  by  the  police  for  reasons  of  safety  or  welfare,  do  not 
require  the  consent  of  the  Provincial  Estates.  In  such  police  orders 
no  penalty  may  be  pronounced  which  exceeds  14  days'  imprisonment 
or  a  corresponding  fine. 

Art.  3.  Extraordinary  measures  requiring  by  their  nature  the 
approval  of  the  Estates  but  made  imperative  by  the  welfare  of  the 
State  or  the  maintenance  of  order,  the  postponement  of  which  might 
injure  their  purpose  entirely  or  partially,  are  issued  by  the  Sovereign 
alone  without  the  previous  consent  of  the  Estates.  Such  decrees 
must,  however,  be  submitted  to  the  Estates  at  their  next  meeting  for 
theii-  approval,  and  if  this  i-;  not  granted,  the  said  decrees  again 
be  ome  void. 


1  The  election'  rules  for   the  second   and   third   Estates,   appended   to  article  40,    were 
superseded   by   the   Election    I^aw. 


CONSTITXTTION   OF   LIPPE.  163 

Art.  4.  Bills  presented  to  the  Estates  are  discussed  in  the  general 
jiicetings,  and  decision  is  reached  by  majority  of  votes  of  all  mem- 
bers present. 

In  the  case  of  bills  which  deal  with  the  Constitution  itself,  the 
discussion  must  be  conducted  in  separate  curiae,  if  the  majority  of 
delegates  of  a  curia  should  demand  it,  and  the  approval  of  both  curiae 
is  necessary  for  carrying  the  proposed  amendments  to  the  Consti- 
tution. 

Art.  5.  The  Government  authorities  are  not  permitted  to  raise 
the  question,  in  the  case  of  a  law  duly  published,  whether  the 
l^]states  observed  the  provisions  of  the  Constitution  in  acting  thereon. 
()nh^  the  Estates  themselves  have  the  right  to  decide  in  a  legal 
manner  all  questions  appertaining  thereto. 

Signed  with  our  own  hand  and  provided  with  the  princely  seal. 
])ET^r()[.l).  Ihci'mJter  S,  18()7. 

LEOPOLD,  Prince  of  Lippe. 
vox  Oheimb. 


3.  LAW  CONCERNING  THE  COMPOSITION  OF  THE  DIET  AND  THE 
EXERCISE  OF  THE  RIGHTS  THEREOF,  JUNE  3,  1876. 

By  God's  grace,  we,  Friedrich  Giinther  Woldemar,  Ruling  Prince 
of  Lippe,  noble  Lord  and  Count  of  Schwalenberg  and  Sternberg, 
(^tc  jDromulgate  with  the  consent  of  the  Diet  the  following  provisions 
with  regard  to  the  composition  of  tlie  Diet  and  the  exercise  of  the 
rights  thereof : 

Article  1.  The  Diet  of  the  Principality  is  composed  of  21  dele- 
gates elected  in  accordance  with  the  Election  Law,  which  has  been 
decreed. 

Art.  2.  Delegates  okx-ted  in  accordance  with  this  law  shall  exer- 
rise,  until  the  promulgation  of  a  new  constitution,  all  rights  which 
have  u])  to  the  present  belonged  to  the  Provincial  Estates. 

Art.  3.  The  assembled  Diet  examines  the  legitimation  of  its  mem- 
bers, under  the  presidency  of  the  member  oldest  in  years,  on  the 
basis  of  the  election  laws  communicated  to  it  by  the  Government, 
nnd  decides  definit-ely  thereon. 

As  soon  as  the  legitimation  of  at  least  one-half  of  the  legal  number 
of  deputies  has  been  passed  upon,  the  Diet  elects  by  absolute  majority 
:nid  imder  the  same  presidency  its  president,  and  then  under  the 
presidency  of  the  latter  the  vice-president,  as  well  as  three  committee- 
de])uties,  who  receive  the  rights  and  duties  of  the  former  committee- 
deputies  of  the  knighthood,  the  cities,  and  the  lowlands. 

Similarly  the  provincial  syndic  is  elected  by  absolute  majority  in 
t  he  Diet  from  among  the  native  jurisconsults.  The  Diet  shall  deter- 
mine the  instructions  and  remuneration  of  the  syndic,  subject  to  the 
ai)i)r()val  of  the  Government. 

In  all  aforementioned  elections  a  lot  will  decide  in  case  of  a  tie. 


164  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  4.  The  president  and  the  vice-president  are  elected  for  the 
duration  of  the  Diet  in  question  and  the  time  intervening  until  the 
next  Diet. 

The  committee-deputies  and  the  provincial  syndic  are  elected  for 
the  duration  of  the  legislative  period  (article  8)  and  remain  in  office 
at  all  events  until  the  convening  of  a  new  Diet. 

The  Government  shall  be  notified  of  the  results  of  the  elections  for 
the  purpose  of  making  the  elected  members  responsible. 

The  other  deputies  are  made  responsible  by  the  president  of  the 
Diet. 

Art.  5.  In  order  to  establish  a  quorum  in  the  Diet,  the  election 
must  be  published  at  least  four  weeks  in  advance  in  all  electoral 
districts  (excepting  supplementary  elections),  and  at  least  two- 
thirds  of  the  stipulated  number  of  deputies  must  be  present. 

The  decisions  of  the  Diet  require  an  absolute  majority  vote,  as  far 
as  the  order  of  business  does  not  provide  otherwise  in  regard  to 
elections  of  commissions,  etc. 

Decisions  of  the  Diet  on  changes  in  the  Constitution  and  of  the 
Election  Law  require  a  vote  of  at  least  two-thirds  of  the  stipulated 
number  of  deputies  in  order  to  gain  validity. 

Art.  6.  The  Diet  determines  its  own  order  of  business;  until  a  new 
order  has  been  established,  the  old  order  is  in  force,  as  far  as  it  may 
be  applied  to  the  changed  conditions.     • 

Art.  7.  State  servants  require  neither  leave  of  absence  nor  the 
consent  of  their  superiors  to  enter  the  Diet,  but  must  defray  their 
own  expenses.  If  a  deputy  accepts  a  position  or  is  promoted  in  the 
service  of  the  State  during  his  term,  a  new  election  takes  place. 

Members  of  the  Government  and  of  the  exchequer  are  not  eligible 
for  the  Diet. 

Art.  8.  The  legislative  period  of  the  Diet  is  4  years.  In  case  of 
dissolution  of  the  Diet  a  new  legislative  period  begins  with  the 
publication  of  the  new  elections. 

The  Diet  must  be  summoned  at  least  every  two  years. 

Art.  9.  The  Government  has  the  right  to  dissolve  the  Diet,  and 
the  elections  must  in  this  case  be  held  at  latest  within  60  days  after 
th-B  dissolution.  The  deputies  must  be  summoned  within  90  days 
after  the  dissolution. 

If  this  does  not  take  place,  the  committee-deputies  are  empowered 
to  observe  the  constitutional  rights  of  the  land. 

Art.  10.  All  legal  provisions  which  are  in  opposition  hereto  shall 
be  rescinded. 

Detmold,  June  5, 1876. 

WOLDEMAR.  Prince  of  Lippe. 

ESCHENBURG. 


LUBECK. 

CONSTITUTION  OF  OCTOBER  2,   1907.^ 

Title  I. — General  enactmentg. 

Article  1.  The  Free  State  of  Liibeck  forms  under  the  name  of 
•'  the  Free  and  Hanseatic  city  of  Liibeck  "  an  independent  State  of 
the  German  Empire. 

Art.  2.  Anyone  whose  citizenship  has  been  established  according 
to  the  laws  of  the  Empire  is  a  member  of  the  Free  State  of  Liibeck. 

Art.  3.  Citizens  of  the  Fi'ee  State  of  Liibeck  are  those  subjects  of 
Liibeck,  who  have  taken  the  oath  of  citizenship  and  have  not  for- 
feited the  right  thereof. 

Art.  4.  The  political  power  is  equally  shared  by  both  the  Senate 
and  the  Corporation  {Burgerschaft) . 

For  the  execution  of  this  power  the  provisions  of  this  Constitu- 
tion are  authoritative. 

Title  Tl.—Th)e  Senate. 

Art.  5.  The  Senate  consists  of  14  members.  Of  these  8  must  be- 
long to  the  learned  professions  and  six  of  these  at  least  must  be 
jurists. 

The  other  six  cannot  belong  to  the  learned  professions  and  there 
must  be  at  least  5  merchants  among  them. 

Art.  6.  Ever}  one,  who  is  eligible  for  membership  in  the  Corpora- 
tion of  the  Free  State  of  Liibeck  is  eligible  as  a  member  of  the  Sen- 
ate, with  due  reference  however  to  article  5,  provided  he  has  com- 
pleted his  30th  year. 

Excluded  from  election  is  anyone  w^hose  father,  son,  brother,  half- 
brother,  stepfather,  stepson,  father-in-law,  son-in-law,  or  recognized 
business  partner  is  already  a  member  of  the  Senate. 

Art.  7.  Section  1.  When  the  time  arrives  for  the  election  of  a 
member  of  the  Senate,  this  body  calls  tlie  Corporation  together 
(article  19).  When  the  latter  is  assembled,  the  Senate  announces 
through  commissioners  how  many  of  its  members  are  assembled  for 
the  purpose  of  the  election,  and  invites  the  Corporation  to  appoint 
an  equal  number  of  electors  from  its  members.    The  electors  are  led 

^  Translation  by  Miss  Martha  L.  Gericke  based  on  the  text  as  found  in  Stoerk- 
Rauchhaupt,  pp.  212-233. 

165 


166  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

into  the  conference  chamber  by  the  commissioners  while  the  Cor- 
poration is  dismissed. 

Sec.  2.  The  members  of  the  Senate  and  the  electors  meet  for  the 
election,  and  after  the  presiding  burgomaster  of  the  Senate  (article 
14)  has  read  that  part  of  the  Constitution  giving  the  procedure  for 
election,  they  take  the  following  oath: 

I  vow  and  swear  to  God  that  I  will  follow  the  prescribed  instruction  in  this 
election  to  be  undertaken  for  a  member  of  the  Senate,  that  I  will  exercise  the 
strictest  secrecy  concerning  all. that  is  discussed  in  the  election  rooms,  and  will 
only  vote  for  him  who,  according  to  my  conviction,  is  the  most  worthy.  So  help 
me  God. 

The  presiding  burgomaster  reads  the  oath  aloud  and  all  those 
present  say  the  words :  "  I  swear  to  it." 

Sec.  3.  Then  3  electoral  committees,  each  of  which  consists  of  2 
members  of  the  Senate  and  2  members  of  the  Corporation,  are  formed 
by  first  distributing  voting  slips  among  the  members  of  the  Senate, 
with  the  exception  of  the  presiding  burgomaster,  and  then  among  the 
voters  of  the  Corporation. 

Two  of  these  slips  are  numbered  I,  two  are  numbered  II,  and  two 
are  numbered  III.  while  the  rest  are  unnumbered. 

Sec.  4.  Each  electoral  committee  goes  into  the  room  assigned  to  it 
for  the  election.  The  members  of  the  Senate  and  the  voters  remain- 
ing in  the  conference  chamber  elect  by  ballot  from  their  midst  2 
members  of  the  Senate  and  2  members  of  the  voters  who  receive 
ballots  in  case  of  a  general  election  (sections  9  and  10). 

Sec.  5.  The  members  of  the  electoral  committee  are  not  permitted 
to  speak  in  a  low  tone  to  anyone,  nor  to  leave  the  election  room  until 
after  the  election.  No  communication  can  take  place  between  the 
electoral  committees  or  the  members  thereof,  nor  can  they  communi- 
cate with  any  of  those  remaining  in  the  conference  chamber. 

Sec.  6.  The  member  of  the  Senate  who  has  held  the  office  longest  is 
the  presiding  officer  of  the  electoral  committee.  The  procedure  of  the 
election  begins  with  each  member  of  the  electoral  committee  naming 
such  citizens  as  he  thinks  especially  fitted  for  the  vacant  post.  No 
member  of  the  electoral  committee  can  be  named  in  his  own  com- 
mittee.   They  can,  however,  name  members  of  the  other  committees. 

Sec.  7.  The  presiding  officer,  after  eliminating  from  the  completed 
list  of  persons  named  those  who  according  to  the  clauses  of  the  Con- 
stitution are  not  eligible  for  election,  invites  the  members  of  the 
electoral  committee  frankly  to  discuss  those  persons  remaining  on 
the  list  of  names. 

Sec.  8.  After  the  conclusion  of  the  discussion,,  they  proceed  with 
the  election  of  those  nominated  by  the  committee.  Every  member  of 
the  committee  writes  down  the  name  of  him  whom  he  considers  most 
worthy  among  the  remaining  candidates.    If  at  least  three  votes  are 


CONSTITUTION    OF    LUBECK.  167 

recorded  for  the  same  candidate,  his  name  must  be  submitted  by  tho 
electoral  committee.  If,  however,  the  votes  are  divided  am(m^  -^  or  4 
persons  and  the  required  number  of  vot-es  can  not  be  attained  after 
repeated  casting  of  votes,  a  committee  of  one  is  chosen  by  lot  fi'om 
the  members  of  the  electoral  committee  to  decide  which  of  the  names 
receiving  only  one  vote  shall  be  stricken  from  the  list  of  candidates. 
Thereupon  another  vote  is  taken  on  the  candidates  remaining  on 
the  list. 

If  two  candidates  should  receive  the  same  number  of  votes  and 
this  should  remain  the  same  after  repeated  voting,  a  connnittee  of 
one  is  again  chosen  from  the  members  of  the  electoi-nl  c(Hnniittee, 
who  in  this  case  has  to  decide  which  of  the  two  candidates  in  ques- 
tion shall  be  nominated  by  his  electoral  committee. 

Sec.  9.  As  soon  as  an  electoral  committee  has  concluded  its  elec- 
tion, the  burgomaster  presiding  in  the  Senate  is  notified.  After  the 
notification  has  come  from  all  three  electoral  committees,  the  mem- 
bers thereof  are  again  invited  into  the  conference  chamber.  The 
presiding  officer  of  each  committee  then  gives  the  name  of  the  can- 
didate proposed.  If  all  the  electoral  committees  should  propose  the 
same  candidate,  the  burgomaster  presiding  in  the  Senate  immediately 
declares  him  elected  as  a  member  of  the  Senate.  If.  however,  two 
or  three  different  candidates  are  named,  one  of  these  must  be  chosen 
without  further  discussion  regarding  the  candidates  by  the  electoral 
assembly  by  secret  ballot  and  with  an  absolute  majority. 

Sec.  10.  If  among  the  three  candidates  proposed,  the  votes  are  so 
divided  that  none  of  them  receives  a  majority  over  the  combined 
votes  of  the  other  two,  the  election  is  continued  after  eliminating  the 
candidate  who  has  received  the  smallest  number  of  votes. 

If,  however,  all  three  of  the  candidates  or  tw^o  of  them  should 
receive  the  same  number  of  votes,  another  vote  is  taken  in  order  to 
remove  the  tie;  should  this  not  succeed,  five  men  frcm  those  taking- 
part  in  the  election  are  chosen  by  ballot  for  a  committee  which  pro- 
ceeds into  a  special  room.  There  they  decide  by  majority  vote  who 
of  the  nominees  that  have  received  an  equal  number  of  votes  shfill 
be  taken  off  the  list  of  candidates.  Voting  then  takes  place  again 
on  the  remaining  candidates.  If  the  votes  for  the  two  remaining 
candidates  are  tied,  and  this  is  not  overcome  by  taking  another  vote, 
a  committee  of  5  is  again  chosen  by  ballot  who  in  this  case  nuist, 
according  to  majority  vote,  choose  one  of  the  two  candidates.  The 
candidate  chosen  is  then  declared  elected  by  the  presiding  burgo- 
master of  the  Senate. 

If  one  of  the  electors  is  among  those  chosen  by  the  electoral  coni- 
mittee  or  among  those,  who  after  repeated  voting,  have  received  an 
equal  number  of  votes,  he  can  take  part  in  every  election,  but  he 
can  not  be  chosen  as  a  member  of  the  committee  (Ohmann). 


168  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  8.  EAery  vacancy  in  the  Senate  must  be  filled  within  4  weeks. 
Should  there  be  several  vacancies  in  the  Senate  at  the  same  time,  the 
different  elections  must  take  place  on  different  days.  The  prescribed 
procedure  must  be  carried  out  at  each  election. 

Art.  9.  There  is  no  obligation  for  the  acceptance  of  election  as  a 
member  of  the  Senate,  and  everA^one  has  the  right  to  resign  at  any 
time  from  the  Senate. 

Ai{T.  10.  At  the  next  meeting  of  the  Senate  after  the  election,  the 
new  member  is  solenmly  inaugurated  in  presence  of  the  civic  com- 
mittee (article  53)  and  takes  the  following  oath: 

As  a  newly  elected  meniber  of  the  Senate  of  this  free  city  I  vow  and  swear 
unto  God: 

I  will  conscientiously  achninister  my  office,  will  strive  with  all  my  power 
for  the  Avelfaro  of  the  State,  will  faithfully  adhere  to  the  Constitution,  will 
honestly  hold  in  trust  the  public  property,  and  during  my  terra  of  office, 
especially  at  all  elections  I  will  not  take  into  consideration  my  personal 
interest,  nor  that  of  m>-  relatives  or  friends.  I  will  administer  the  laws  of 
the  State  and  will  be  just  to  all,  rich  or  poor.  I  will  be  silent  about  all  that 
demands  secrecy  but  especially  will  I  hold  secret  that  which  I  am  told  to  keep 
secret.     So  help  me  God. 

Art.  11.  The  members  of  the  Senate  hold  their  office  for  life  and 
reieive  during  their  term  of  office  salaries  as  determined  by  the  law. 

When  and  under  what  conditions  a  member  of  the  Senate  may 
be  retired  with  the  granting  of  a  pension  and  under  what  circum- 
stances it  becomes  the  duty  of  a  member  of  the  Senate  to  resign 
or  to  demand  his  resignation,  is  determined  by  the  respective  laws.^ 

Art.  12.  Every  member  of  the  Senate  must  regularly  reside  in 
the  city  of  Liibeck  or  in  a  suburb  thereof,  in  which  case  he  nmst 
nuiintain  a  business  office  in  the  city  which  is  accessible  at  certain 
times.  If  at  the  beginning  of  his  term  he  is  not  a  resident  of 
Liibeck,  he  must  take  up  his  abode  there  within  3  months. 

Art.  13.  The  Senate  members  elected  from  the  learned  profes- 
sions are  not  permitted  to  carry  on  any  trade  and  can  not  under- 
take an  additional  office  or  occupation  for  continuous  remuneration 
without  previous  consent  of  the  Senate. 

This  consent  is  necessary  for  the  entrance  of  a  member,  as  the 
head,  trustee,  or  counsel  into  a  company  with  gainful  interests.  Con- 
sent can  not  be  given  if  the  post  brings  direct  or  indirect  remunera- 
tion. 

The  consent  given  can  be  withdrawn  at  any  time. 

Art.  14.  The  presiding  officer  of  the  Senate  is  chosen,  from 
amongst  its  members  for  a  period  of  2  years  and  has  the  title  of 
burgomaster  during  his  term  of  office. 


^  See  the  act  of  December  29,  1851,  and  April  7,  1875,  in  regard  to  the  retiring  of  the 
members  of  the  Senate,  and  its  amendment  of  July  21,  1879. 


CONSTITUTION   OF   LUBECK.  169 

He  is  elected  by  secret  ballot  with  an  absolute  majority,  and  if 
Ihis  is  not  reached  immediately  through  the  first  ballot,  another 
election  must  take  place  from  the  two  persons  receiving  the  most 
votes. 

If  the  election  results  in  a  tie,  the  procedure  must  be  according 
to  article  7,  section  10,  paragraphs  2  and  3. 

The  retiring  presiding  officer  can  not  immediately  be  reelected. 

Should  the  presiding  officer  withdraw  from  the  Senate  during 
I  his  term  of  office,  his  successor  is  only  elected  for  the  remainder  of 
-  his  predecessor's  term.  The  elected  member  does  not.  however,  lose 
his  eligibility  for  the  next  election. 

Art.  15.  In  case  of  absence  the  burgomaster  is  represented  by  the 
member  of  the  Senate  who  has  just  presided  before  him  in  the  Senate. 

If  a  member  of  the  Senate  who  has  presided  is  not  present,  the 
\  Senate  elects  for  the  time  being  a  representative  of  the  incumbent 
burgomaster,  according  to  the  method  prescribed  for  the  election  of 
burgomasters. 

Art.  16.  The  assignment  of  business  among  the  members  of  the 
y  Senate  (Rats-^etBung)  takes  place  every  two  years  at  the  beginning 
of  December;  the  precedence  thus  determined  goes  into  force  with 
the  beginning  of  the  next  year.  It  is,  however,  the  privilege  of  the 
Senate  under  extraordinary  circumstances  to  make  changes  in  tlie 
interim  in  the  assignment  of  business. 

The  determination  of  precedence  begins  with  the  election  of  tb.i', 
burgomaster. 

Then  the  last  burgomaster,  the  newly  elected  burgomaster,  and  3 
members  of  the  Senate  chosen  by  an  absolute  majority  meet.  These 
five  persons  determine,  if  necessary  by  majority  vote,  the  assign- 
ment of  business  as  well  as  the  chairmanship  of  the  various  boards, 
whereupon  the  order  of  precedence  is  announced  at  the  next  ses- 
sion of  the  Senate  and  then  immediately  made  public. 

Art.  17.^  The  recording  in  the  Senate  and  the  work  of  the  chan- 
cery is  given  to  secretaries,  while  the  care  of  the  State  archives  is 
■(entrusted  to  a  custodian  of  archives. 

Art.  18.  To  the  Senate  alone  is  entrusted  the  administration  of 
\  arious  State  matters,  so  far  as  the  instructions  following  do  not 
exactly  demand  the  cooperation  or  consent  of  the  Corporation  in  its 
entirety,  (articles  20-52)  or  of  the  civic  committee  (articles  53-72). 

The  communal  affairs  of  the  city  of  Llibeck  are  managed  by  the 
Senate,  just  as  the  affairs  of  the  State,  with  the  cooperation  and 
consent  of  the  Corporation  and  civic  committee  respectively,  so  long 
as,  and  as  far  as  the  law  does  not  decree  otherwise. 


Amendment  of  February  10,   1909. 


170  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Title  III. — The  Corporation  (Burgerschaft), 

Art.  19.  The  Corporation  consists  of  120  members  (representa- 
tives). Its  activity  is  carried  on  partly  by  this  body  as  a  whole 
(articles  20-52)  and  partly  by  committees  (articles  53-72). 

THE   CORPORATION    IN    ITS   ENTIRETY. 

Art.  20.  Anyone  can  take  part  in  the  election  who  has  completed 
his  25th  year,  and  who  has  had  a  permanent  domicile  in  the  terri- 
tory of  Liibeck  since  the  beginning  of  the  4th  fiscal  year  {Steuerjahr) 
prior  to  the  forthcoming  election  and  has  yearly  paid  during  this 
period  at  least  as  much  income  tax  as  was  required  on  an  income  of 
the  lowest  taxable  amount. 

Tax  payments  from  which  the  taxpayer  has  been  exempt  for  some 
legal  reason  are  considered  as  paid. 

In  the  year  of  the  election  income  taxes  must  have  been  paid  up 
to  June  30th.  At  special  elections  for  filling  vacancies  this  day 
becomes  the  last  day  of  the  quarter  of  the  year  just  concluded  before 
the  setting  of  the  election  day  by  the  civic  committee. 

Honorary  citizens  residing  in  Liibeck  are  entitled  to  take  part  in 
the  election  even  if  they  do  not  comply  with  the  provisions  set  forth 
in  this  article. 

PROVISIONAL  ENACTMENTS. 

Citizens  who  had  acquired  the  civic  right  by  December  15,  1902,. 
and  who,  according  to  the  enactments  in  force  up  to  this  date,  had 
been  entitled  to  take  part  in  the  election  of  representatives-  retain 
their  privilege  of  electing  representatives,  even  if  they  do  not  com- 
ply with  the  provisions  set  forth  in  article  20  of  the  amended  Con- 
stitution. 

Enactments  of  article  21  also  apply  to  these  citizens. 

Art.  21.  Excluded  from  exercising  the  right  of  election  are : 

1.  Those  who  are  under  guardianship; 

2.  Those  whose  property  has  been  seized  under  bankruptcy 
until  the  close  of  the  proceedings ; 

3.  Those  against  whose  property,  within  a  period  of  five  years 
prior  to  the  election,  bankruptcy  procedure  has  not  been  opened 
or  taken  on  account  of  deficiency  of  effects ; 

4.  Those  who  within  the  period  of  5  years  prior  to  the  election 
have  taken  the  insolvent  debtor's  oath  (civil  ruling,  paragraph 
807)  or  appealed  to  it: 

5.  Those  who  get  aid  through  public  charity  funds  or  have 
gotten  such  within  the  year  preceding  the  election. 


CONSTITUTION   OF   LUBECK.  171 

Art.  22.  The  election  for  the  Corporation  takes  place  in  sections. 
The  following  sections  are  formed : 
(a)  City  and  suburbs. 

Section  I.  It  includes  those  citizens  who  for  the  3  fiscal  years 
(/Steuerjahre)  preceding  the  election  have  paid  at  least  as  much 
income  tax  as  was  supposed  to  be  paid  for  an  income  of  2,100 
marks  during  that  time,  as  well  as  the  honorary  citizens  of 
Liibeck. 
There  are  elected  90  representatives. 

Sec.  II.  It  comprises  all  other  enfrancliised  citizens.     There 
are  elected  12  representatives. 
(7j)  The  town  of  Travemiinde  and  suburbs. 

Sec.  III.  It  includes  those  citizens  who  manage  at  their  own 
expense  an  estate  of  at  least  3  hectares  or  who  have  for  the  3  fiscal 
years  (Steuerjahre)  preceding  the  election  paid  at  least  as  much 
income  tax  as  w^as  supposed  to  be  paid  for  an  income  of  2,100 
marks  during  that  time,  as  well  as  the  honorary  citizens  of 
Liibeck.    There  are  elected  15  representatives. 

Sec.  IV.  It  comprises  all  other  enfranchised  citizens.    There 
are  elected  3  representatives.    The  regulations  of  article  20,  para- 
graph 2,  can  be  applied  to  sections  I-III  when  determining  the 
eligibility  of  the  voter. 
Art.  23.  The  election  of  the  members  in  sections  I  and  II  takes 
place  in  the  following  electoral  districts: 

(1)  Jacobi  district  and  the  suburb  St.  Gertrud. 

There  are  elected  in  section  I  22  representatives. 
There  are  elected  in  section  II  3  representatives.' 

(2)  Marien-Magdalenen  district  and  the  northeast  section  of 

the  suburb  St.  Lorenz. 
There  are  elected  in  section  I  23  representatives. 
There  are  elected  in  section  II  3  representatives. 

(3)  Marien  district  and  the  southwestern  part  of  the  suburb 

St.  Lorenz. 
There  are  elected  in  section  I  23  representatives. 
There  are  elected  in  section  II  3  representatives. 
The  boundary  line  between  the  northeastern  and  the  southwestern 
part  of  the  suburb  St.  Lorenz  runs  along  the  middle  of  the  Facken- 
burger  AUee. 

(4)  Johannis  district  and  the  suburb  St.  Jiirgen. 

There  are  elected  in  section  I  22  representatives. 
There  are  elected  in  section  II  3  representatives. 
The  election  of  members  in  section  III  takes  place  in  the  following 
electoral  districts: 

(6)   The  town  of  Travemiinde. 

There  are  elected  2  representatives. 


172  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

•  (6)'  The  district  of  Travemiinde  (the  communities  Brodten, 
Gneversdorf,  Teutendorf,.  Ronnau,  Ivendorf,  Poppen- 
dorf ,  Dummersdorf ,  Kiicknitz,  Herrenwyk,  and  Sienis) . 
There  are  elected  2  representatives. 

(7)  The  district  of   Burgtor    (the  communities   Gothmund, 

Israelsdorf,  Schlutup,  Wesloe,  Schattin.  and  Utecht). 
There  are  elected  3  representatives. 

(8)  The  district  of  Holstentor   (the  communities  Vorwerk. 

Krenipelsdorf,   Schonbocken,   Curau,  Dissau,   Malken- 

dorf,  and  Krumbeck). 

There  are  elected  2  representatives. 

(9)  The  district  of  Miihlentor   (the  communities  Strecknitz, 
,     Wulfsdorf,   Vorrade,   Blankensee,   Beidendorf,   Crum- 

messe,   Cronsforde,  Niederbiissau.   Oberbiissau,   Genin, 
Moisling,  Niendorf,  Eeecke,  and  Moorgarten). 
There  are  elected  3  representatives. 
(10)   The  district  of  Ritzerau   (the  communities  Diichelsdorf, 
Sierksrade,  Hollenbeck,  Behlendorf,  Albsfelde,  Giesen- 
dorf,  Harmsdorf,  Nusse,  Ritzerau,  Poggensee,  Gross- 
Schretstaken,  Klein- Schretstaken,  and  Tramm). 
There  are  elected  3  representatives. 
For  the  election  of  representatives   in  section   IV  the   districts 
5  and  6  together  form  one  voting  district;  similarly  T  and  8,  as 
well  as  9  and  10.     In  each  one  of  these  3  districts  one  representa- 
tive is  elected. 

Art.  24.  Every  voter  can  vote  only  in  person  and  only  in  the  dis- 
trict where  he  has  his  regular  domicile. 

Art.  25.  Whoever  has  a  right  to  vote  can  also  be  elected  as  a  repre- 
sentative if  he  is  not  a  member  of  the  Senate.  The  eligibilitv  in  a 
district  and  in  a  section  is  not  determined  by  having  a  domicile  in 
that  district  or  by  belonging  to  that  section. 

Members  of  the  Corporation  do  not  represent  the  electoraF  district 
or  section  in  which  they  are  elected,  but  all  the  subjects  of  the  State. 
They  are  not  dependent  upon  directions  but  have  only  to  follow  their 
own  convictions  regarding  the  welfare  of  the  State. 

Art.  26.  No  obligation  exists  for  the  acceptance  of  the  elections. 
The  election  is  considered  as  accepted  if  the  candidate  chosen  has 
not  notified  the  speaker  of  the  Corporation  of  his  refusal  within 
seven  days  after  notification  of  his  election. 

Withdrawal  from  the  Corporation  is  permitted  without  a  state- 
ment of  reasons.  This  is  done  by  a  written  statement  addressed  to 
the  speaker  of  the  Corporation. 

A  representative  is  obligated  to  retire  from  the  Corporation  if  he 
gives  up  his  domicile  in  Liibeck  or  if  he,  according  to  articles  21 


CONSTITUTION   OF   LUBECK.  173 

and  25  of  the  Constitution,  is  no  longer  eligible  for  election  as 
member. 

The  question  whether  a  representative  has  lost  his  eligibility  is 
decided  by  the  joint  administrative  boards  of  the  Corporation  and 
the  civic  committee. 

Art.  27.  The  representatives  are  elected  for  a  term  of  6  years. 
Should  a  member  retire  before  that  time,  a  supplementary  election 
for  the  remainder  of  his  official  term  takes  place. 

On  the  first  Monday  in  December  of  every  other  year  those  repre- 
sentatives retire  who  have  been  elected  into  the  Corporation  six 
years  ago,  as  well  as  those  who  have  been  elected  into  the  Corporation 
to  serve  the  remainder  of  the  term  of  their  predecessor. 

The  elections  take  place  regularly  every  two  years.  But  as  soon 
as  the  number  of  present  representatives  has  dropped  to  108,  a  sup- 
plementary election  must  take  place  at  once  to  replace  those  retiring 
before  the  end  of  their  term,  provided  a  regular  election  does  not 
lake  place  within  the  next  6  months. 

Outgoing  representatives  can  be  reelected  immediately. 

Art.  28.  In  the  various  sections  of  the  municipal  and  suburban 
districts  and  in  the  various  districts  of  the  town  of  Travemiinde 
and  its  immediate  surrounding  territory  all  candidates  for  rep- 
resentatives are  elected  at  the  same  election.  Those  receiving  the 
majoritj'  of  votes  are  considered  elected. 

If  in  a  section  or  district  representatives  are  to  be  elected  for 
periods  of  different  lengths,  those  receiving  the  greatest  number  of 
\otes  are  elected  for  the  longer  terms  and  the  others  are  elected  for 
shorter  terms,  varying  according  to  the  number  of  votes  received. 

In  case  of  a  tie,  the  lot  to  be  drawn  by  the  chairman  of  the  elec- 
toral committee,  or  in  the  several  subdivisions  {Unterhezirke) 
(article  30,  paragraph  3)  a  lot  drawn  by  the  speaker  of  the  Cor- 
l)oration  decides  the  election. 

Supplementary  elections  for  those  who  have  been  elected  more 
than  once,  or  for  those  who  have  declined,  the  election  proceeds  ac- 
cording to  the  regulations  in  paragraph  3  of  article  27. 

Art.  29.  The  election  for  the  Corporation  takes  place  in  the  first 
twenty  days  of  November.  It  is  set  for  the  same  day  in  all  the 
districts  and  precincts  of  the  town  of  Travemiinde  and  its  imme- 
diate surrounding  territory  and  for  a  later  day  in  all  districts  and 
precincts  of  the  cit}'  and  the  suburbs.  .The  days  for  the  election 
are  set  by  the  civic  committee  in  September.  The  elected  members 
take  up  their  duties  in  the  Corporation  on  the  first  Monday  in 
December. 

If  a  special  supplementary  election  becomes  necessary  (article  27, 
paragraph  3)  the  civic  committee  must  set  the  day  for  the  election 


174  CONSTITUTIONS   OF    TIIE    GERMAN    STATES. 

as  soon  as  the  possibilities  arise.  Those  elected  enter  into  the  Cor- 
poration at  the  meeting  following  the  announcement  of  the  results. 

The  speaker  of  the  Corporation  summons  the  vot-ers  at  least  7 
days  before  the  election  through  an  announcement  in  the  official 
bulletin  and  in  addition  to  this  in  the  rural  electoral  districts 
through  local  notices. 

Art.  30.  The  election  is  in  charge  of  an  electoral  committee. 

In  the  districts  5,  6,  7,  8,  9,  and  10  an  electoral  connnittee  is 
formed  for  both  sections  combined,  while  in  the  other  districts  each 
section  has  a  committee. 

The  civic  committee  can  establish  several  subdivisions  in  an  elec- 
tion district.  In  this  case  a  special  committee  has  to  be  formed  for 
every   subdivision. 

The  electoral  committee  consists  of  5  members.  The  civic  com- 
mittee appoints  the  chairman,  who  must  be  a  member  of  the  Cor- 
poration. The  committee  chooses  a  secretary  frcmi  its  midst. 
In  supplementary  elections  the  noraiiiaticm  follows  the  settino-  of 
the  election  day. 

All  members  of  the  election  committee  must  be  citizens.  They 
are  obliged  to  follow  the  election  if  they  can  not  prove  that  illness 
or  an  urgent  journey  hinders  them  from  it. 

Art.  31.  The  proceedings  of  the  election  must  be  recorded  in  every 
jjrecinct  and  district.  The  names  must  be  entered  of  all  those  who 
have  received  vote?  in  the  order  of  their  majority  and  with  the  num- 
bers of  votes  received.  The  record  must  be  signed  by  the  chairman  and 
the  secretary  and  must  be  immediately  sent  after  the  close  of  the 
election  to  the  speaker  of  the  Corporation. 

The  joint  business  conunittees  of  the  Corporation  and  of  the  ciA'ic 
committee  must  then  decide  the  result  of  the  election  as  well  as  the 
eligibility  of  the  member. 

Art.  32.  The  speaker  of  the  Corporation  nnist  without  delay  make 
public  in  the  official  bulletin  the  names  of  the  elected  representatives 
arranged  according  to  precincts  and  districts.  He  must  notify  the 
Senate  of  the  results  and  send  a  written  notification  to  those  elected. 

Art.  33.  The  details  of  the  procedure  to  be  followed  at  elections 
are  set  forth  in  a  special  mode  of  election  prescribed  by  law. 

Art.  34.  At  the  first  meeting  called  after  the  biennial  supplemen- 
tary elections  (article  27)  the  Corporation  chooses  from  amongst  its 
members  for  a  term  of  two  years  a  speaker  and  two  substitutes. 
Those  elected  must  accept  the  election  and  retire  from  the  civic  com- 
mittee if  they  are  members  thereof. 

The  speaker  can  not  immediately  be  reelected  at  the  end  of  his 
term.  He  must  accept  a  later  second  election,  but  can  decline  all 
further  elections. 

If  the  speaker  should  leave  the  Corporation  during  his  term  of 


CONSTITUTION   OF   LUBECK.  175 

otHce  or  be  retired  at  his  o\\n  request,  his  successor  is  elected 
only  until  the  next  renewal  of  the  Corporation.  However,  he  does 
not  forfeit  liis  eligibility  at  the  next  election. 

Art.  35.  The  Corporation  also  elects  a  secretary  for  a  term  of.  5 
years,  who  is  entrusted  with  the  archives  of  the  Corporation  as  well 
as  with  those  of  the  civic  committee.  He  obligates  himself  to  per- 
form faithfully  his  duties  by  signing  a  written  declaration  in  place 
of  an  oath,  and  he  receives  from  the  treasury  a  compensation  for  his 
services.    The  outgoing  secretary  can  be  reelected  at  cmce. 

The  secretary  of  the  Corporation  must  represent  the  secretary  of 
the  civic  committee  in  the  absence  of  the  latter  (article  56). 

Art.  36.  The  election  of  the  speaker  of  the  Corporation  is  only 
considered  as  decided  when  the  majority  of  all  the  votes  is  for  the 
same  person.  If  this  residt  is  not  attained,  another  election  must  take 
])lace  from  the  three  persons  receiving  the  greatest  number  of  votes, 
and  if  the  required  majority  is  not  then  reached,  the  choice  must  }ye 
made  between  the  two  receiving  the  most  votes  at  the  last  election. 
If  several  have  received  an  equal  number  of  votes  either  in  the  first 
election  or  in  the  one  following,  the  decision  is  made  by  lot. 

These  regulations  also  apply  to  the  election  of  the  substitute  for  the 
speaker  as  well  as  to  the  election  of  the  secretary  of  the  Cor- 
poration. 

Art.  37.  The  Corporation  meets  at  the  summons  of  the  speaker. 
Definitely  set  days  are  the  third  Monday  in  March,  July,  and  Sep- 
tember, and  the  first  Monday  in  December.  Meetings  of  the  Cor- 
poration must  be  called  whenever  the  Senate  considers  it  advisable 
or  the  civic  committee  wishes  it  or  when  at  least  30  members  send 
to  the  speaker  a  written  request  with  a  statement  of  the  purpose. 
The  time  and  the  place  of  the  meeting  must  be  agreed  upon  by  the 
speaker  and  the  Senate  commissary  in  charge  of  transactions  with 
the  Corporation. 

Art.  38.  With  the  exception  of  urgent  cases  every  meeting  of  the 
Corporation  must  be  announced  by  the  speaker  seven  days  before 
in  the  official  bulletin  of  Liibeck.  At  least  three  days  before  the 
meeting,  he  must  send  to  every  member  besides  a  printed  invitation, 
a  copy  of  the  questions  to  be  considered  by  the  Senate. 

Art.  39.  The  speaker  of  the  Corporation  presides  and  conducts 
the  meeting.  Should  he  be  prevented  or  wish  to  take  part  in  the 
discussion  of  a  question,  one  of  his  representatives  takes  his  place 
according  to  the  succession  determined  by  the  election. 

Art.  40.  The  Corporation  can  adopt  resolutions  if  at  least  half 
of  its  members  are  present  at  the  meeting. 

Art.  41.  Commissaries  of  the  Senate  are  present  at  the  meeting 
of  the  Corporation  and  are  entitled  to  take  part  in  the  discussion. 
Their  presence,  however,  is  not  required  if  it  is  a  question  of  election 


176  CONSTITUTIONS   OF   THE  GERMAN   STATES. 

or  of  matters  which  the  Corporation  can  decide  without  the  coopera- 
tion of  the  Senate. 

Art.  42.  The  meetings  of  the  Corporation  are  generally  public; 
the  public  is  excluded  when  the  Senate  or  the  Corporation  requests  it. 

Art.  43.  Section  1.  A  free  discussion  of  the  matter  under  consid- 
eration precedes  every  vote.  Then  follows  the  voting  on  definite 
questions  presented  by  the  chairman  in  such  a  way  that  they  can  be 
answered  by  yea  or  nay. 

Sec.  2.  The  voting  is  done  by  rising  or  remaining  seated.  The 
elections  to  be  undertaken  by  the  Corporation  are  by  ballot. 

Voting  takes  place  by  the  calling  of  names  if  it  is  demanded  by  at 
least  twenty  members  before  the  end  of  the  discussion. 

Sec.  3.  Resolutions  are  made  by  the  majority  of  votes  of  all  mem- 
bers of  the  Corporation  taking  part  in  the  election.  The  majority  of 
votes  also  decides  elections. 

Should  the  result  be  a  tie,  the  question  under  consideration  is  re- 
jected, but  in  an  election  the  decision  is  made  by  lot. 

Sec.  4.  Whoever  wishes  to  propose  additions,  limitations  or  other 
changes  nmst  before  their  discussion  send  them  in  writing  to  tliej 
chairman  or  depose  them  according  to  their  contents. 

Art.  44.  Every  member  of  the  Corporation  is  entitled  to  make 
motions  in  regard  to  the  proposals  of  the  Corporation  to  the  Senate. 
Such  motions  need  only  be  considered  if  presented  to  the  chairman 
in  writing  and  if  approved,  after  the  preliminary  question  has  beeii 
put,  by  at  least  ten  members  of  the  Assembly.  In  this  case  it  be* 
hooves  the  one  who  made  the  motion  to  give  further  reasons  for  it. 
whereupon,  after  deciding  whether  or  not  this  matter  should  be  re- 
ferred to  the  civic  committee,  a  discussion  and  voting  take  place. 
Should  the  Assembly  decide  in  favor  of  the  latter,  the  motion  is 
rejected.  Should  it  decide  in  favor  of  the  former  while  the  civiq 
committee  does  not  regard  the  motion  suitable  to  be  brought  before 
tlie  Senate  in  its  prasent  or  altered  form,  or  if  the  Senate  shoulc 
reject  the  suggestions  recommended  by  the  civic  committee,  then  th< 
speaker  of  the  Corporation  must  bring  up  for  decision  in  the  nexj 
meeting  the  question  whether  or  not  the  motion  should  be  brought 
before  the  Senate  by  the  Corporation. 

Art.  45.  The  Corporation  is  entitled  to  ask  the  Senate  for  informa- 
tion regarding  matters  of  state.  However,  an  exception  is  made  in 
this  obligation  of  the  Senate  when  it  concerns  pending  transactions 
of  foreign  and  Imperial  affairs.  Points  regarding  which  informa 
tion  is  asked  must  be  communicated  to  the  Senate  in  writing,  and  the 
latter  can  decide  whether  to  give  the  desired  information  in  writing 
or  verbally  through  commissaries. 

Art.  46.  A  decision  must  be  reached  on  all  proposals  of  the  Senate 
at  the  same  meeting  at  which  they  are  made. 


CONSTITUTION   OF   LUBECK.  177 

However,  the  Corporation  is  entitled  to  submit  a  motion  for  ap- 
proval to  a  commission  chosen  from  amongst  its  members  and  to  post- 
pone its  decision  until  their  recommendation  has  been  given.  If  such 
a  commission  considers  further  information  on  any  point  necessary, 
it  can  request  a  conference  with  the  commissaries  of  the  Senate.  The 
commissaries  of  the  Senate  are  entitled  to  request  of  the  commissior 
a  statement  of  its  opinion  before  further  discussion  of  the  matter. 

Transactions  regarding  the  proposals  of  the  Senate  take  precedence 
over  everything  and  can  not  be  interrupted  by  other  business  with- 
out the  consent  of  the  commissaries  of  the  Senate. 

Art.  47.  The  statement  of  the  decisions  of  the  Corporation  regard- 
ing the  proposals  of  the  Senate,  signed  by  the  chairman  and  the  re- 
corder must  be  sent  promptly  to  the  commissaries  of  the  Senate  so  as 
to  bring  it  before  this  body. 

Art.  48.  Procedure  in  the  discussion  of  the  Corporation,  if  not 
previously  described,  is  according  to  an  order  of  business  decided  on 
by  the  Corporation. 

Art.  49.  A  statement  of  the  procedure  of  the  meetings  of  the  Cor- 
poration must  be  sent  Avithin  three  days  to  the  presiding  burgomas- 
ter of  the  Senate  and  must  be  published  in  print  unless  secrecy  has 
been  voted. 

The  joint  resolutions  of  Corporation  and  Senate  are  published  by 
the  latter  in  the  official  bulletin,  unless  reasons  for  secrecy  in  the  in- 
terest of  the  State  prohibit  it. 

Art.  50.^  The  consent  of  the  Corporation  is  necessary: 

I.  For  every  change  of  the  Constitution; 

II.  For  every  acquisition  and  alienation  of  sovereign  rights; 

III.  For  the  proclamation,  authentic  interpretation,  modification 
or  abolishment  of  laws,  as  well  as  for  orders  regarding  commercial 
atfairs;  police  ordinances  and  the  execution  of  regulations  in  regard 
to  the  established  laws  are,  liowever.  decided  by  the  Senate  alone, 
but  in  the  proclamation  the  law  must  be  specified  the  execution 
of  Avliich  it  concerns; 

IV.  For  the  levying,  abolition,  and  modification  of  direct  or  indi- 
lect  taxes,  and  for  duties  of  all  kinds,  inclusive  of  fees. 

I]^  matters  mentioned  in  section  III,  clause  2,  the  Senate  de- 
termines the  fees  alone  if  they  are  to  be  used  as  compensation  for  the 
special  service  of  the  State  which  is  set  forth  in  a  police  ordinance 
or  in  a  regulation  which  concerns  the  execution  of  existing  laws. 
For  further  establishment  of  such  fees  which  are  determined  by  the 
decision  of  the  council  and  citizens,  the  consent  of  the  Corporation 
is  necessary; 

1  Article  56,  IV,  supplemented  by  law  of  March  22,  1911. 
92975—19 ^-32 


178  CONSTITUTIONS   OF    THE   GERMAN    STATLh. 

V.  For  the  permission  to  hold  public  religious  exercises  when  it 
concerns  religious  societies  to  which  this  privilege  has  not  yet  been 
granted ; 

\^I.  For  the  granting  of  privileges; 

VII.  For  regulations  for  which,  in  accordance  with  the  established 
law,  the  boards  of  directors  of  private  endowments  must  have  the 
consent  of  the  Senate  and  the  Corporation; 

VIII.  For  decisions  which  concern  the  applicability  of  the  ex- 
propriation law  in  regard  to  the  making  of  an  investment; 

IX.  For  the  conclusion  of  political  treaties  which  concern  com- 
merce, navigation,  or  similar  questions  which  are  subject  to  the  ap- 
proval of  the  Corporation. 

Art.  51.  The  Corporation  is  also  entitled  to  take  part  in: 

X.  The  administration  of 'the  public  funds,  of  the  funds  of  the 
Evaiigelic-Lutheran  communities  and  of  public  charitable  institu- 
tions. 

In  tliis  connection  the  following  regulations  nmst  be  followed: 

1.  Tho  administration  of  public  property  is  assigned  in  general 
to  the  authorities,  but  is  subject  to  the  instructions  and  supervision 
of  the  Senate.  No  important  changes,  however,  can  be  made  with- 
out the  consent  of  the  Corporation  in  the  sphere  of  operation  of  the 
ditferent  committees  and  in  the  traditional  administration  and  use  of 
public  wealth.  The  acquisition  and  sale  of  public  property  is' 
especially  prohibited,  neither  can  it  be  given  in  hereditary  lease  nor 
be  mortgaged. 

2.  The  boards  of  the  Evangelic-Lutheran  churches  and  charitable 
institutions  must  have  the  consent  of  the  Corporation  for  all  measures 
for  Avhich^  according  to  the  established  laws,  they  have  the  approval' 
of  the  Senate  and  the  Corporation. 

8.  The  State  budget  and  the  general  budget  for  public  charities 
must  be  submitted  yearly  to  the  Corporation  for  its  approval.  But 
neither  the  Senate  nor  the  Corporation  can  on  this  occasion  refuse 
its  consent  for  the  income  or  expenditure  already  granted  by  special 
decision  of  the  council  and  citizens. 

4.  All  expenditure  of  public  funds  is  as  a  rule  subject  to  the  ap- 
])roval  of  the  Corporation.  The  latter,  however,  must  give  its  con- 
sent when  the  Senate  recommends  an  increase  over  the  funds  allowed 
in  the  State  budget  for  its  honorary  expenditures  (Ehrenausgahen)  ^ 
or  for  the  defrayment  of  expenses  concerning  diplomatic  transactions 
or  embassies.  In  the  former  case  the  Corporation  is  entitled  to 
request  from  the  Senate  a  statement  of  payments  made  from  the 
entire  sum.  The  account  for  the  diplomatic  transactions  and  em- 
bassies must  be  presented  to  the  Senate  as  well  as  to  the  finance 
department,  so  as  to  serve  as  a  supplement  to  its  general  statement. 


CONSTITUTION   OF   LUBECK.  179 

in  which  capacity  it  like  all  other  accounts  is  submitted  to   the 
memorandum  of  the  auditing  committee. 

5.  Xo  new  Government  loan  can  be  made  without  the  consent  of 
the  Corporation  nor  can  the  old  plan  for  redeeming  a  State  debt  be 
changed. 

6.  The  Corporation  is  entitled  to  a  statement  concerning  the  yearly 
administration  of  the  finance  department  and  of  the  auditing  com- 
mittee. The  leport  of  the  municipal  treasurer  can  only  be  audited 
once  a  year  and  by  common  consent  of  the  Senate  and  Corporation. 

The  revised  reports  submitted  within  the  course  of  the  year  by  the 

auditing  coiiunittee   concerning  different   administrative  bills,  and 

those  submitted  by  the  higher  school  boards  and  by  the  central  charity 

deputation  {Zentrdl-Armendeputation)  must  be  laid  before  the  Cor- 

;  poration  with  their  respective  bills. 

Art.  52.  When  a  treat}^  is  to  be  concluded  by  the  State,  or  when 
under  other  extraordinary  circumstances  the  Senate  and  the  Corpora- 
tion should  agree  that  the  question  under  consideration,  on  account 
of  its  secret  nature,  is  as  little  suited  for  the  discussion  with  the  civic 
committee  as  with  the  Corporation,  a  secret  commission  must  be 
appointed  which  must  exercise  the  power  of  the  civic  committee  and 
the  Corporation,  unless  in  individual  cases  the  authority  of  the  com- 
mission is  limited  by  the  Corporation. 

The  Corporation  determines  the  number  of  members  to  be  chosen 
f(n-  this  commission,  which  must  be  increased  whenever  the  Corpora- 
tion, be  it  on  its  own  accord  or  at  the  suggestion  of  the  secret  com- 
mission, considers  it  advisable. 

A  decision  of  the  secret  commission  is  valid  only  when  it  is  formed 
by  the  majority  of  all  members. 

Should  the  secret  commission  have  accepted  the  instruction  of  the 
deputy  who  is  authorized  to  conclude  a  treaty,  the  Corporation  can 
only  refuse  its  acceptance,  if  the  secret  commission  has  gone  beyond 
its  authority  or  the  treaty  has  not  been  concluded  according  to 
instructions. 

The  procedure  for  the  transactions  of  the  secret  commission  is 
determined  by  law. 

11.    THE  CIVIC  COMMITTEE. 

Art.  53.  The  civic  committee  consists  of  thirty  members,  who  are 
chosen  by  the  Corporation  from  amongst  its  members  for  a  term  of 
two  years  in  such  a  way  that  those  who  received  the  majority  of 
votes  at  every  election  are  considered  as  elected. 

The  speaker  of  the  Corporation  and  his  representatives  are  not 
eligible;  all  other  members  of  the  Corporation  are  bound  to  accept 
the  election. 


180  COKSTITUTIONS   OF    THE    GERMAN    STATES. 

Art.  54.  Generally  on  the  first  Monday  in  December  15  members 
withdraw  from  the  civic  committee.  The  Corporation  holds  a  meet- 
ing on  the  same  day  on  which  the  new  members  are  elected.  These 
must  never  number  more  than  half  the  members  of  the  civic  com- 
mittee. In  case  of  death  or  other  circumstances  affecting  the  regular 
change,  the  civic  committee  chooses  individual  members  who  remain 
in  this  committee  longer  than  two  years,  but  never  longer  than  three. 

The  outgoing  members  are  eligible  again  after  a  year  has  elapsed. 

New  elections  take  place  in  the  next  meeting  of  the  Corporation 
for  all  members  having  retired  during  the  year. 

Art.  55.  In  the  first  meeting  that  follows  the  regular  yeaily  sup- 
plementary election  (article  64),  the  civic  committee  elects  from 
amongst  its  members  a  speaker  and  two  substitutes  for  a  term  of  one 
year.     The  elected  members  are  bound  to  accept  the  election. 

The  retiring  speaker  can  be  reelected  for  another  year  if  he 
remains  in  the  civic  committee,  but  he  is  not  bound  to  accept  this  < 
election.  If,  however,  after  not  having  been  a  member  of  the  civic  \ 
committee  for  a  time  he  is  elected  to-  it  again  and  chosen  speaker,  it 
is  his  duty  to  accept  this  and  any  other  election  under  similar  cir- 
cumstances. All  other  elections  for  speaker  of  the  civic  committee 
he  is  entitled  to  decline. 

Should  the  speaker  retire  from  the  civic  committee  during  his 
term  of  office  or  be  dismissed  therefrom,  his  successor  can  only  be 
elected  for  the  period  until  the  regular  renewal  of  the  civic  com- 
mittee. 

Art.  56.  The  recorder  is  elected  by  the  civic  committee  for  a  term 
of  five  years.  In  taking  up  his  office  he  must  follow  the  same  regu- 
lations as  those  prescribed  for  the  recorder  of  the  Corporation 
(article  35)  ;  he  is  also  paid  from  the  treasury  for  his  services.  The 
retiring  recorder  can  be  reelected  immediately. 

The  recorder  of  the  civic  committee  can  not  at  the  same  time  be 
the  recorder  of  the  Corporation,  but  he  must  take  the  place  of  the 
latter  in  case  of  absence  and  also  be  the  keeper  of  the  archives. 

Art.  57.  For  the  election  of  the  speaker  and  his  deputies,  as  well 
as  for  the  recorder  it  is  necessary  that  the  majority  of  all  votes  be 
for  one  and  the  same  person.  In  case  another  voting  should  be  neces- 
sary, the  mode  of  election  must  be  the  same  as  for  the  speaker  and 
recorder  of  the  Corporation  (article  36) . 

Art.  58.  With  the  exception  of  the  month  of  August  the  civic  com- 
mittee meets  regularly  every  fortnight  in  the  town  hall  at  the  same 
tittle  when  the  Senate  convenes.  For  any  special  occasion  the  Senate 
can  have  it  convoked  by  the  speaker.  The  speaker  himself  is  entitled 
to  call  a  meeting  of  the  civic  committee  whenever  he  considers  such 
to  be  necessary,  but  he  is  bound  to  do  so  as  soon  as  six  members  of 


CONSTITUTION   OF   LUBECK.  181 

the  civic  committee  desire  it  and  state  in  writing  the  purpose  for  the 
simimons. 

Art.  59.  The  speaker  of  the  civic  committee  presides  over  the 
meetings  and  directs  the  procedure  of  business.  In  case  of  absence 
one  of  his  deputies  takes  his  place  in  the  succession  as  determined  by 
the  election. 

Should  the  speaker  and  his  two  deputies  be  absent  at  the  same  time 
or  have  withdrawn  from  the  civic  committee  before  a  new  election 
took  place,  then  the  speaker  of  the  Corporation  and  his  deputies 
must  summon  the  civic  coniniittee.  In  the  first  instance  the  meeting 
concerns  the  election  of  another  speaker. 

Art.  60.  At  least  two-thirds  of  all  members  of  the  civic  committee 
must  be  present  in  order  to  form  a  valid  decision. 

Art.  61.,  The  motions  of  the  Senate  are  drawn  up  in  writing  and 
presented  to  the  civic  committee  by  commissaries,  after  which  they 
discuss  them  with  the  latter. 

The  voting  on  such  motions  takes  place  after  the  departure  of  the 
commissaries  of  the  Senate. 

Art.  62.  Resolutions  of  the  civic  committee  on  the  motions  of  the 
Senate  must  generally  be  passed  in  the  same  meeting  in  which  they 
were  presented.  The  civic  committee  can,  however,  submit  a  motion 
of  the  Senate  for  approval  to  a  commission  chosen  from  amongst  its 
members,  or  postpone  the  discussion  of  the  question  until  it  convenes 
again.  In  the  first  instance  the  commissaries  of  the  Senate  are  en- 
titled to  information  i-egarding  the  opinion  of  the  commission  before 
the  civic  committee  discusses  the  matter  any  further. 

Art.  63.  Should  the  civic  commission  wish  further  enlightenment 
on  any  point,  it  is  entitled  to  ask  for  another  discussion  with  the 
commissaries  of  the  Senate. 

The  commission  to  which  has  been  submitted  a  motion  for  ap- 
proval is  entitled  to  the  same  privilege. 

Art.  64.  If  in  case  of  voting  a  tie  should  result,  the  question  under 
consideration  is  rejected,  but  the  lot  decides  at  an  election. 

Art.  65.  A  record  must  be  kept  of  the  procedure  of  every  meeting 
of  the  civic  committee.  Should  it  contain  decisions  on  the  motions 
of  the  Senate,  propositions  to  the  Senate,  decisions  on  appointments 
and  elections,  it  must  be  sent  in  the  form  of  an  abstract  signed  by 
the  recorder  to  the  commissaries  of  the  Senate. 

Should  the  civic  committee  not  accept  the  motion  of  the  Senate,  the 
reasons  therefor  must  as  a  rule  be  stated  in  the  abstract  of  the  record. 
They  may,  however,  be  forwarded  later. 

Art.  66.  The  regulations  for  business  procedure  of  the  meetings 
can  be  decided  upon  by  the  civic  committee  if  not  otherwise  deter- 
mined by  above-mentioned  provisions. 


182  CONSTITUTIONS   OF    THE    (JKRMAN    STATES. 

Art.  67.  Unless  the  nature  of  the  discussion  is  confidential,  the 
record  of  each  meeting  of  the  civic  committee  has  to  be  printed  and 
published  and  a  despatch  thereof  be  sent  to  the  speaker  of  the  Cor- 
poration within  three  days.  After  the  conclusions  of  the  transactions 
with  the  civic  committee,  the  speaker  is  entitled  to  demand  for  ex- 
amination all  documents  sent  by  the  Senate  to  the  civic  committee. 

Art.  68  Conclusions  formed  by  common  agreement  of  Senate  and 
Corporation,  and  the  authenticated  statement  of  explanation  of  the 
civic  committee  are  communicated  by  the  Senate  to  the  Corporation 
in  the  next  meeting  of  the  latter. 

All  conclusions  are  published  by  the  Senate  in  the  official  bulletin, 
unless  secrecy  is  necessary  for  reasons  of  interest  to  the  State. 

Art.  69.  The  civic  committee  exercises  the  authority  of  the  Cor- 
poration when  it  concerns : 

1.  The  appropriating  of  sums  which  in  a  single  case,  or  in  case 
of  several  appropriations  for  the  same  purpose  in  the  same  calendar 
year,  does  not  exceed  the  total  sum  of  6,000  marks  yearly  expendi- 
ture, provided  the  appropriation  in  the  individual  case  does  not 
prevent  the  decision  of  another  question,  which  constitutionally 
must  have  the  consent  of  the  Corporation  ; 

2.  The  expenditure  of  the  sums  which  have  already  been  granted 
in  the  State  budget,  provided  the  individual  administrations  are  not 
entitled  to  the  use  of  these  sums ; 

3.  The  acquisition  or  sale  of  property  for  the  State,  for  Evan- 
gelical-Lutheran Church  communities,  for  public  charitable  institu- 
tions and  for  private  endowments,  provided  no  acquisition  or  aboli- 
tion of  sovereign  rights  is  connected  therewith  and  the  value  of  the 
property  does  not  exceed  12,000  marks  (article  50,  VII;  article  51,  X. 
1  and  2)  ; 

4.  The  change  in  the  administration  or  use  of  property  of  the 
State,  of  Evangelic-Lutheran  Church  communities,  of  public  insti- 
tutions for  charity  and  of  private  endowments,  if  the  value  is  not 
greater  than  12,000  marks  (article  50,  VII;  article  51,  X,  1  and  2) ; 

5.  The  disposition  of  monuments  or  of  historic  relics;  lastly, 

6.  The  conclusions  which  have  been  submitted  to  the  civic  com- 
mittee by  common  consent  of  the  Senate  and  Corporation. 

Whenever  the  civic  committee  rejects  a  motion  of  the  Senate,  the 
latter  is  entitled  to  bring  the  same  proposition  before  the  Cor- 
poration. 

Art.  to.  On  all  questions  which  the  Senate  must  transact  with  the 
Corporation,  it  is  necessary  for  the  Senat/e  fii'st  to  obtain  the  opinion 
of  the  civic  committee  before  submitting  the  motion  to  the  Cor- 
poration. 


CONSTITUTION   OF    LUBECK.  183 

Art.  71.  The  civic  committee  is  competent  to  submit  motions  and 
proposals  to  the  Senate,  be  it  of  its  own  accord,  or  in  consequence  of 
a  proposition  laid  before  it  by  the  Corporation  (article  11). 

Art.  72.  The  civic  committee  appoints  the  members  for  the  seci\'t 
commission  (article. 52),  the  communal  participants  of  joint  coinmi>'- 
sions  of  the  Senate  and  Corporation,  as  well  us  the  civic  depiities  for 
those  administrations  for  which  the  Corporation  or  the  civic  com-- 
mi ttee  can  nominate  members.  For  the  election  of  civic  deputies  for 
other  administrations  the  civic  committee  must  propose  to  the  Seiniti' 
2  citizens  who  in  its  opinion  are  best  suited  for  that  office. 

The  nominations,  as  well  as  the  proposals  of  names  can  refer  to 
all  persons  wiio  are  entitled  to  take  part  in  the  elcH'tion  for  tlic  Cor- 
poration. 

Title  IV. — Procedure  in  the  case  of  continued  disagreement  hetveen 
Senate  and  Corporation. 

Art.  78.  Should  there  be  a  continued  disagreement  in  the  transac- 
tions concerning  the  propositions  of  the  Senate  to  the  Corporation, 
or  the  propositions  of  the  Corporation  to  the  Senate,  the  follow'ing 
regulations  must  be  observed: 

Art.  74.  If  a  disagreement  prevails  ih  the  Senate  and  Corporation 
regarding  the  authentic  interpretation  of  established  laws,  especially 
when  the  provisions  of  the  Constitution  are  contested,  or  a  riglit  is 
disputed  which  has  been  claimed  by  the  Senate  or  Corporatioii  i]i 
virtue  of  the  Constitution,' an  attempt  is  first  made  to  adjiist  the 
disagreement  by  a  mutual  understanding. 

If  this  is  not  effected,  the  controversy  is  submitted  to  the  judicial 
decision  of  the  Hanseatic  provisional  court  of  appeals.' 

The  procedure  to  be  followed  is  set  forth  in  a  special  agreement 
between  Senate  and  Corporation. 

Art.  75.  Should  the  opinion  of  the  Senate  and  the  Corporation 
differ  as  to  what  is  necessary  for  the  weal  of  the  State,  and  should 
in  such  a  case  the  Senate  and  the  Corporation  mutually  agree  that 
a  decision  cannot  be  postponed  without  great  disadvantage  to  the 
common  weal,  the  disagreement  must  be  adjusted  by  a  decision  of  an 
awarding  commission.  However,  changes  in  the  Constitution  cannot 
be  made  by  the  award  of  such  commission. 

Art.  76.  The  awarding  connnission  is  composed  of  seven  members 
of  the  Senate  and  seven  members  of  the  Corporation.  They  are 
elected  by  secret  ballot,  the  former  by  the  Senate,  the  latter  by  the 
Corporation. 

1  See  the  agreement  of  the  free  Hanseatic  cities  on  tlie  establistiment  of  a  common 
provisional  court  of  appeals  d.  d.  Hamburg,  June  30,  3  878,  and  the  notice  of  July  21. 
1879,  concerning  the  amendment  thereof. 


184  CONSTITUTIONS   OF   THE   GERMAN    STATES. 

Art.  77.  This  election  takes  place  the  same  day  on  which  the 
Senate  and  the  Corporation  have  come  to  a  perfect  understanding 
that  an  awarding  commission  should  meet,  and  what  question  should 
be  submitted  to  it. 

Art.  78.  The  members  of  the  Senate  by  virtue  of  their  oath  of 
council,  and  the  members  of  the  Corporation  b}^  virtue  of  their  oath 
of  citizenship,  are  bound  to  accept  the  election.  A  new  election  can 
only  be  resorted  to  in  case  of  illness  or  absence. 

Art.  79.  The  members  of  the  Senate,  and  the  members  of  the  Cor- 
poration, elected  for  the  aAvarding  commission,  must  take  the  follow- 
ing oath  in  the  presence  of  the  civic  connnittee  not  later  than  at  the 
next  meeting  of  the  Senate  following  the  election : 

I  vow  and  swear  to  God  that  in  the  decision  which  I  am  called  upon  to  give 
on  the  prevailiuj,^  disagreement  between  the  Senate  and  the  Corporation  I  will 
only  be  gnidtd  by  the  consideration  for  the  connuon  weal ;  that  my  award  shall 
l)e  to  the  best  of  my  knowledge  and  conscience ;  that  I  will  never  inform  anyone 
in  regard  to  matters  discussed  in  the  commission,  especially  not  how  the 
decision  was  reached,  and  how  I  myself  and  the  other  members  of  the  com- 
mission voted,  but  that  I  will  keep  the  most  scrupulous  secrecy  concerning  all. 
So  help  me  God. 

Art.  80.  The  conuuission  elects  its  chairman  from  its  own  members 
of  the  Senate  by  secret  ballot. 

Art.  81.  The  lot  determines  the  order  in  which  the  remaining 
members  must  take  their  seats  and  cast  their  votes.  The  chair- 
man can  give  his  vote  only  after  the  other  members  have  done  so. 

Art.  82.  The  majority  of  all  members  of  the  commission  is  re- 
quired in  order  to  pass  a  resolution. 

In  case  of  a  tie,  the  commission  appoints  from  amongst  its  mem- 
bers a  committee  consisting  of  three  members  of  the  Senate  and 
three  members  of  the  Corporation,  who  must  agree  on  the  deci- 
sion to  be  pronounced  by  the  awarding  committee. 

Art.  83.  The  decision  of  the  awarding  commission  must  be  pro- 
nounced at  the  latest  a  fortnight  after  the  members  have  taken  their 
oath. 

The  decision,  after  having  been  signed  by  all  the  members  in 
the  final  meeting  and  having  been  sealed,  is  presented  by  two  mem- 
bers of  the  conuuission  to  the  presiding  burgomaster  of  the  Senate. 

Art.  84.  Should  the  awarding  commission  in  its  conference  have 
formed  the  conclusion  that  the  dissension,  prevailing  in  the  Senate 
and  the  Corporation,  should  have  been  presented  for  decision 
in  a  different  manner  from  what  it  was,  and  that  a  proposition  by 
the  commission  would  be  more  advantageous  for  the  conunon  weal, 
then  its  proposal,  which  is  sealed  and  accompanied  by  the  a^yard 
concerning  the  question  under  consideration,  must  be  submitted  to 
the  Senate. 


CONSTITUTION   OF   LUBECK.  185 

In  a  case  like  this,  the  proposition  submitted  by  the  commission 
must  have  the  precedence  over  all  other  transactions  of  the  Senate 
and  the  Corporation.  The  award  itself  remains  unopened  in  the 
Senate  until  the  discussion  has  been  concluded. 

Art.  85.  The  award  of  the  commission  is  opened  and  read  by  the 
]jrcsiding  burgomaster  in  the  sitting!  of  the  Senate  and  in  the  pres- 
ence of  the  Corporation  within  eight  days  after  its  receipt,  or  after 
the  contingent  proposal  for  mediation  (article  84)  has  been  rejected. 
The  award  has  in  tjiis  case  the  validity'  of  a  decision  of  the  council 
and  citizens. 


MECKLENBURG-SCHWERIN.— MECKLENBURG -STRELITZ. 

The  Grand  Duchies  of  Mecklenburg- Schwerin  and  Mecklenburg- 
Strelitz  have  no  written  constitutions.  The  following  facts  concern- 
ing the  government  of  the  two  States  are  based  on  the  account  found 
in  Posener,  Die  Btaatsverfasswrigen  des  Erdhalls^  pp.  282-284. 

The  Grand  Duchies  of  Mecklenburg  are  monarchies  limited  by 
Estates. 

According  to  the  constitution  of  the  Provincial  Estates,  an  out- 
growth of  the  long  struggles  of  the  Lords  and  landed  proprietors, 
knights  and  cities,  both  States  have  a  common  Diet. 

The  struggles  for  a  constitution  on  the  part  of  the  Estates  begaii 
toward  the  end  of  the  16th  century.  Simultaneously  Avitli  the  in- 
creasing power  of  the  Central  Government  in  exercising  the  regalia 
maiora^  a  corporative  organization  of  the  landed  proprietors  was 
formed  for  the  purpose  of  lending  constitutional  support  to  the  Gov- 
ernment. This  organization  of  the  Estates  was  instrumental  in 
bringing  about  the  so-called  Union  of  the  Provincial  Estates  in  1523^ 
a  league  between  the  prelates,  knights,  and  Estates  for  the  purpose 
of  protecting  their  rights  and  maintaining  unity. 

In  the  following  century  the  rights  of  the  Estates  were  further 
developed.  The  rulers,  in  constant  pecuniar}^  need,  could  secure 
money  from  .the  Estates  only  by  guaranteeing  privileges  and  rights 
to  them. 

The  struggles  between  the  rulers  and  the  Estates  continued,  until 
on  April  18,  1755,  the  Hereditary  Constitutional  Agreement  was 
made,  according  to  which  the  unity  of  the  constitutions  of  the  Estates 
was  conceded  by  the  rulers  to  the  Estates.  This  document  forms  the 
basis  for  the  present  constitutional  rights. 

After  the  dissolution  of  the  Holy  Roman  Empire  the  Estates  again 
succeeded  in  asserting  their  rights.  By  the  so-called  Order  Patent 
of  November  28,  1817,  a  compromise  tribunal  was  instituted  for  de- 
ciding all  questions  arising  between  the  rulers  and  the  Estates. 

The  Revolution  of  1848  aroused  especially  in  those  members  of 
the  Estates  who  did  not  belong  to  the  nobility  the  desire  for  consti- 
tutional reform.  Thereupon  a  Chamber  of  Deputies,  elected  on  the 
basis  of  a  provisional  election  law,  drew  up  a  constitution  for 
Mecklenburg-Schwerin,  in  conjunction  with  the  Government.  It 
was  published  for  Mecklenburg-Schwerin  on  October^  10,  1849, 
simultaneously  with  the  abolition  of  the  Estates.  The  deputies  of  the 
186 


MECKLENBURG-SCHWERIN  AND  MECKLENBUBG-STKELITZ.       187 

knighthood,  however,  protested  and  were  instrumental  in  having  a 
Court  of  Arbitration  summoned  on  the  basis  of  the  Order  of  No- 
vember 28,  1817,  which  decided  on  September  12,  1850,  that  the 
constitution  and  the  Schwerin  order  concerning  the  abolition  of  the 
constitution  of  the  Estates  of  October  10, 1849,  were  invalid,  and  that 
it  was  the  duty  of  the  Government,  according  to  the  provisions  of 
the  Hereditary  Constitutional  Agreement  of  1755,  to  call  a  Diet. 

On  the  basis  of  this  arbitral  decision  the  old  conditions  were  re- 
stored by  the  Order  of  September  14,  1850. 

New  attempts  to  reform  the  constitution  of  the  Provincial  Estates 
failed. 

Property  ownership  and  rights  connected  therewith  form  the  basis 
of  the  constitution.  The  property  of  the  ruler,  the  domains,  is  not 
represented  in  the  Diet. 

The  representation  includes  the  delegates  of  the  rural  property 
owners  {Rifterschaft)  and  those  of  the  cities  {Landschaft). 

The  former  are  composed  of  all  those  possessed  of  equestrian  es- 
tates, regardless  of  whether  they  belong  to  the  nobility  or  not,  about 
700  in  number,  the  latter  are  the  authorities  {Biir germeister)  of  the 
47  cities  and  the  coast  towns  of  Rostock  and  Wismar.  The  knight- 
hood also  represents  the  J^mall-farm  tenants  and  peasants. 

Both  Estates  are  made  up  on  the  basis  of  the  two  former  Duchies, 
Schwerin  and  Gustrow,  or  three  districts.  The  Duchy  Schwerin 
forms  the  Mecklenburg  district,  while  the  Duchy  of  Gustrow  is 
divided  into  the  districts  Wenden  and  Stargard.  E^ch  district  has  a 
marshal  of  hereditary  lands  {ErhlandmarschalV)  ^  each  duchy  has  4 
sub-prefects,  nominated  by  the  Estates  and  named  by  the  Grand 
Dukes.  The3^  together  with  a  burgomaster  of  Rostock,  a  total  of  72 
members,  form  the  directory  of  the  Diet. 

Regular  diets  are  convened  late  every  autumn,  alternately  in  Stern- 
berg and  Malchin.  -  Extraordinary  sessions  may  be  called  by  the  Gov- 
ernment. The  knights  and  the  commons  meet  in  an  assembly  in 
which  a  majority  vote  decides.  Each  property  owner  possesses  the 
same  electoral  right  as  each  separate  city.  Each  Estate  has  the  right 
of  making  separate  decisions,  and  if  the  decisions  of  the  two  Estates 
diverge,  a  decision  of  the  Diet  is  not  reached. 

The  Estates  have  a  deciding  vote  in  matters  pertaining  to  taxation 
and  to  their  rights,  and  in  all  general  questions  and  laws  the  favor- 
able opinion  (ratsame  Erachfen)  of  the  Estates  must  be  secured. 
Each  Estate  may  introduce  motions;  the  right  of  initiative  is 
reserved  to  the  Government. 

In  the  interim  between  two  diets  a  smaller  committee  of  the 
knights  and  commons,  having  its  seat  in  Rostock,  represents  the 
Estates  and  forms  a  permanent  college.     It  consists  of  2  sub-pre- 


188  CONSTITUTIONS   OF  THE   GERMAN   STATES. 

fects,  3  deputies  of  the  knights,  and  4  deputies  of  the  magistrates  of 
the  cities  of  liostock,  Parchim,  Giistrow,  and  Xeubrandenburg.  This 
committee  carries  out  the  instructions  of  the  Diet  and  prepares  the 
business. 

Beside  the  diets,  "  convocation  diets  "  take  place,  to  which  only  the 
Estates  of  one  particular  section  of  the  country  are  called  by  the 
ruler  in  question ;  also  ''^  commissary-deputation  "  assemblies  of  gov- 
ernment commissaries  and  deputies  of  the  Estates.  Furthermore, 
the  Estates  call  general  and  special  conventions  among  themselves. 

The  Principality  of  Eatzeburg  and  the  cities  of  Wismar  and  Neu- 
Strelitz  are  not  included  in  the  constitution  of  the  Estates.  They 
send  no  representatives  to  the  Mecklenburg  diets. 


OLDENBURG.^ 

REVISED  CONSTITUTION  OF  NOVEMBEE  22,  1852. 
[preamble.] 

We,  Paul  Friedrich  August,  by  the  grace  of  God,  Grand  Duke  of 
Oldenburg,  heir  to  Norway,  Duke  of  Schleswig,  Holstein,  Stormarn, 
Dithmarschen,  and  Oldenburg,  Prince  of  Liibeck  and  Birkenfeld, 
Lord  of  Jever  and  Kniphausen,  etc.,  hereby  make  known : 

Having  agreed  with  the  fifth  and  sixth  general  Diets  of  the  Grand 
Duchy  on  a  revision  of  the  Constitution  of  February  18,  1849,  we 
now  make  publicly  known  hereinbelow  the  Revised  Constitution  for 
the  Grand  Duchy  of  Oldenburg  in  the  form  of  the  altered  and  un- 
altered provisions  of  the  Constitution  of  February  18,  1849,  as 
adopted  by  the  fifth  and  sixth  general  Diets  and  approved  by  us. 

In  witness  whereof  we  have  hereunto  set  our  hand  and  the  seal 
of  the  Grand  Duchy. 

Given  at  the  Palace  at  Oldenburg,  November  18,  1852. 

AUGUST.    V.  RossiNG.        Romer. 
Krell.  v.  Berg.      Mutzenbecher. 

part  i.  the  grand  duchy,  the  grand  duke,  and  the  ministry  of 

STATE. 

Article  1.  Section  1.  The  Grand  Duchy  of  Oldenburg  consists: 

(1)  Of  the  Duchy  of  Oldenburg,  of  which  the  dominion  of  Jever 
constitutes  an  integral  part; 

(2)  Of  the  principality  of  Liibeck; 

(3)  Of  the  principality  of  Birkenfeld. 

Sec.  2.  These  component  parts  of  the  Grand  Duchy  constitute  an 
indivisible  State,  united  according  to  the  provisions  of  the  present 
Constitution  and  indivisible  under  the  government  of  the  descendants 
of  the  Duke  Peter  Friedrich  Ludwig. 

Art.  2.  Sec.  1.  The  Grand  Duchy  is  a  member  of  the  German 
Confederation  and  as  such  shares  all  the  rights  and  duties  arising 
under  the  Federal  Constitution. 

Sec.  2.  Resolutions  adopted  by  the  German  Federal  Power  are 
applicable  to  the  Grand  Duchy,  and  after  promulgation  by  the  Grand 
Duke  acquire  binding  power  therein. 

Art.  3.  Sec.  1.  No  component  part  of  the  Grand  Duchy  and  no 
right  of  the  State  or  of  the  sovereign  chief  of  the  State  may  be  alien- 
ated without  the  consent  of  the  Diet. 

1  Translation  by  Wilfred  Stevens  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  235-270. 

189 


190  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Sec.  2.  Even  rectifications  of  the  boundary  require  the  consent  of 
the  Diet  if  they  involve  the  necessity  of  citizens'  leaving  the  juris- 
diction of  the  Grand  Duchy,  or  of  Crown  or  State  property  being 
given  up,  or  of  communal  or  private  real  estate  being  ceded  against 
the  will  of  the  owners. 

Art.  4.  Sec.  1.  The  form  of  government  is  monarchial,  restricted 
by  the  provisions  of  the  present  Constitution. 

Sec.  2.  The  Grand  Duke,  as  supreme  head  of  the  State,  unites  in 
himself  all  the  rights  of  the  State  power  and  exercises  them  accord- 
ing to  the  Constitution. 

Sec.  3.  His  person  is  sacred  and  inviolable. 

Sec.  4.  He  shall  sue  and  be  sued,  with  respect  to  his  private-law 
concerns,  before  the  courts  pf  the  land. 

Art.  5.  The  Grand  Duke  orders  the  promulgation  of  the  laws, 
without  ever  being  permitted  to  postpone  such  promulgation,  and 
issues  the  necessary  decrees  for  their  enforcement 

Art.  6.  The  Grand  Duke  represents  the  Grand  Duchy  externally. 
He  concludes  treaties  with  other  States ;  however,  these  require  the 
consent  or  sanction  of  the  Diet  if  they — 

(a)  Relate  to  a  subject  in  regard  to  which  the  State  Government 
can  not,  without  the  consent  of  the  Diet,  adopt  measures  validly  and 
constitutionally ;  or 

(h)  Are  commercial  or  navigation  treaties  and  not  simple  reci- 
procity treaties;  or 

(c)   Impose  special  burdens  upon  individual  citizens  of  the  State. 

Art.  T.  Sec.  1.  The  Grand  Duke  directs  and  oversees  the  whole 
internal  administration  of  the  land. 

Sec.  2.  He  appoints  or  confirms,  directly  or  indirectly,  all  Govern- 
ment employees,  civil  or  military  (officers  and  military  officials). 

Art.  8.  The  whole  military  establishment  is  under  the  suj^renie 
command  of  the  Grand  Duke. 

Art.  9.  The  rewarding  of  distinguished  services  shall  devolve  ui)on 
the  Grand  Duke. 

Art.  10.  The  Grand  Duke  exercises  the  right  of  pardon;  however, 
in  cases  which  are  based  on  a  complaint  made  by  the  Diet,  (mly  with 
the  consent  of  the  latter. 

Art.  11.  According  to  the  agreement  of  June  S,  1825.  guaranteed 
by  the  German  Confederation,  the  Grand  Duke  has  the  lordshij) 
over  the  dominion  of  Kniphausen.  the  owner  of  the  dominion,  and 
his  family. 

Art.  12.  Sec.  1.  The  Gralid  Duke  is  not  responsible  for  the  exercise 
of  the  governmental  power. 

Sec.  2.  The  Ministry  of  State,  under  the  Grand  Duke,  takes  care 
of  the  conduct  of  the  Government. 


CONSTITUTION   OF   OLDENBUBG.  191 

Sec.  3.  All  governinental  decrees  of  the  Grand  Duke  require,  for 
t  heir  validity,  the  counter-signature  of  a  member  of  the  Ministry  of 
State,  whereby  this  member  assumes  the  personal  responsibility. 

Sec.  4.  Every  member  of  the  Ministry  of  State  is  responsible  for 
Uis  acts  and  omissions  in  State  affairs  and  is  under  obligation  to 
furnish  information  to  the  Diet  in  regard  to  them. 

Sec.  5.  The  Grand  Duke  appoints  and  dismisses  the  members  of 
( he  Ministry  of  State  solely  on  his  own  resolution,  the  above-men- 
tioned  counter- signature  not  being  necessary  in  this  case. 

Art.  13.  The  heir  to  the  Grand  Duchy,  after  attaining  the  age  of 
1<S  years,  takes  part  in  the  deliberations  of  the  Ministry  of  State. 

Art.  14.  Sec.  1.  The  seat  of  the  State  Government  remains  within 
llie  territory  of  the  State. 

Sec.  2.  The  Grand  Duke  is  not  })erniitted  to  take  up  his  main  abode 
outside  the  coimtry. 

Art.  15.  Sec.  1.  The  (irand  Duke  is  not  permitted  to  be  at  the  same 
tim^  heiul  of  a  non-CnM-njun  Stjite.  nor  to  be  in  th(*  service  of  any  other 
nation. 

Skc.  ]1.  The  (lovernment  of  the  Grand  Duchy  can  not,  without  the 
consent  of  the  Diet,  be  combiiuMl  in  one  person  with  the  Government 
of  another  German  State. 

Art.  16.  Sec.  1.  If  the  Grand  Duke  is  prevented  from  exercising 
the  governmental  power,  the  substitute  to  be  appointed  by  him  shall, 
during  such  hindrance,  conduct  the  Government  according  to  the  pro- 
visions of  the  Constitution  and  such  rules  consonant  therewith  as  the 
Grand  Duke  may  prescribe  to  him  of  his  own  accord. 

However,  it  shall  not  be  permissible  to  assign  to  the  substitute  any 
more  extensive  rights  than  belong  to  a  regent  according  to  the  pro- 
visions of  this  Constitution  (article  25). 

Se(\  *2.  The  substitute  shall  likewise  not  be  permitted  to  take  up 
his  main  residence  outside  the  land. 

Art.  17.  Sec.  1.^  The  Government  of  the  land  is  hereditary  in 
the  male  line  of  Duke  Peter  Friedrich  Ludwig  according  to  the  right 
of  primogeniture  and  lineal  descent. 

After  the  extinction  of  the  male  line  of  Duke  Peter  Friedrich  Lud- 
wig, the  inheritance  in  the  Government  of  the  land  passes  to  the  male 
line  of  Duke  Friedrich  of  Schleswig-Holstein-Sonderburg-Gllicks- 
burg.  who  died  November  27,  1885,  according  to  the  right  of  primo- 
geniture arid  lineal  descent.  A  prerequisite  to  inheritance  is  descent 
from  an  equal  j)iarriage.  Equality  of  marriage  is  determined  accord- 
ing to  the  provisions  of  the  family  law  of  the  Grand  Ducal  House. 

The  provision  of  article  1,  section  2.  of  the  revised  Constitution 
•applies  also  to  the  descendants  of  the  aforementioned  Duke  Fried- 
rich of  Schleswig-Holstein-Sonderburg-Glucksburg. 

'  T1i«>  !m\v  of  October  19.  1904.  added  pars.  2-4  to  article  17,  sec.  1. 


192  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

The  agreement  reached  between  the  Grand  Duke  and  the  Diet  re- 
garding the  separation  of  the  domanial  property  into  Crown  property 
and  State  property  of  February  5,  1849,  (Appendix  I  to  the  revised 
Constitution)  shall  remain  in  force  also  for  the  duration  of  the  Gov- 
ernment succession  provided  in  paragraph  1  above. 

Sec.  2.  Inheritance  on  the  female  side  is  precluded  even  after  the 
extinction  of  the  male  line. 

Art.  18.  If  concern  should  ever  arise  regarding  a  successor  to  the 
Government  in  the  absence  of  a  prince  entitled  to  succeed  under  the 
Constitution,  provision  shall  be  made  in  due  time  b}^  the  Grand  Duke 
and  the  Diet  for  a  successor  to  the  Government  by  means  of  an 
additional  clause  in  the  Constitution. 

Art.  19.  The  Grand  Duke  is  of  age  as  soon  as  he  has  attained  his 
eighteenth  year. 

Art.  20.  A  regency  shall  be  appointed  if  the  Grand  Duke  is  a 
minor  or  is  otherwise  permanently  prevented  from  exercising  the 
power  of  government. 

Art.  21.  With  the  consent  of  the  Diet,  the  Grand  Duke  is  author- 
ized to  appoint  a  regency  in  advance  for  the  case  in  which  his  suc- 
cessor might,  at  the  time  the  Government  became  incumbent  upon 
him,  be  prevented  from  assuming  it  himself  by  minority  or  other- 
wise. 

Art.  22.  Sec.  1.  In  the  absence  of  such  an  arrangement,  or  in 
case  the  Grand  Duke  should  himself  be  prevented  from  exercising  the 
governmental  power,  the  regency  shall  devolve  upon  the  prince 
who  is  next  in  the  line  of  succession  and  who  has  attained  his 
majority  and  is  capable  of  governing. 

Sec.  2.  If  such  a  prince  is  lacking,  the  regency  shall  devolve  upon 
the  wife  of  the  Grand  Duke,  then  upon  his  mother,  and  finally  upon 
his  grandmother  on  the  father's  side,  provided  and  as  long  as  the 
latter  have  not  remarried. 

Art.  23.  Sec.  1.  In  case  the  Grand  Duke  is  a  minor,  the  legal 
regency  (article  22)  is  established  ipso  facto;  in  the  other  cases  of 
articles  20  and  22,  however,  the  Ministry  of  State  must,  either  on  its 
own  motion  or  at  the  instance  of  the  Assembled  Diet  or  of  the  per- 
manent Dietary  Committee,  call  a  meeting  of  the  princes  of  the 
Grand  Ducal  House  who  are  of  age,  with  the  exception  of  the  one 
upon  whom  next  devolves  the  regency,  and  they  shall  decide  in 
regard  to  the  necessity  of  a  regency  after  first  hearing  the  opinion 
of  the  Ministry  of  State. 

Sec.  2.  This  decision  shall  at  once  be  submitted  for  approval  to 
the  Assembled  Diet  or  to  a  Diet  to  be  called  in  extra  session. 

Art.  24.  If  such  a  decision  is  not  reached  within  three  months  after 
the  invitation  has  been  sent  to  the  princes  who  are  of  age  (article  23) , 


CONSTITUTION   OF   OLDENBURG.  193 

the  Ministry  of  State  itself  shall  adopt  a  resolution  regarding  the 
necessity  of  a  regency  and  transmit  it  to  the  Diet  for  approval. 

Art.  25.  Sec.  1.  The  regent  shall  exercise  the  governmental 
power  constitutionally  in  the  name  of  the  Grand  Duke  and  as  it  be- 
longs to  him  himself.  However,  he  shall  not  be  permitted  to  recom- 
mend an  amendment  to  the  Constitution  unless  he  has  first  obtained 
the  consent  of  the  ndult  princes  of  the  (xrand  Ducal  Hou^e  (ar- 
ticle 23). 

Sec.  2.  The  provisions  of  articles  14  and  15  are  applicable  also  to 
the  regejit. 

Art.  26.  A  regency  which  has  assumed  charge  owing  to  the  minor- 
ity of  the  Grand  Duke  shall  cease  as  soon  as  the  latter  becomes  of  age. 
In  the  other  cases  in  which  a  regency  takes  control,  it  slmll  l)e  ter- 
minated in  the  manner  prescribed  in  articles  23  and  21. 

Art.  27.  With  the  exception  of  the  mother  and  grandmother,  a 
regent  shall  not  be  permitted  to  exercise  a  guardianship  over  the 
minor  Grand  Duke. 

Art.  28.  Sec.  1.  If  the  last  governing  Grand  Duke  has  made  no 
arrangements  in  the  matter,  the  education  of  the  minor  (irand  Duke 
shall  devolve  firstly  upon  the  mother  and  then  on  the  grandmother 
on  the  father's  side,  provided  and  as  long  as  they  are  not  remarried. 

Sec.  2.  In  the  absence  of  such,  the  person  to  be  charged  w-ith  the 
education  shall  be  appointed  in  the  manner  prescribed  in  articles  23 
and  24. 

Sec.  3.  In  all  cases  the  consent  of  the  Ministry  of  State  shall  be 
required  for  the  acceptance  of  the  other  persons  necessary  for.  the 
rearing  and  education  of  the  minor. 

Art.  29.  Sec.  1.  In  other  respects  the  relations  of  the  grand  ducal 
household  shall  be  determined  by  the  Grand  Duke  according  to  the 
family  law. 

Sec.  2.  The  family  law'  shall  be  submitted  to  the  Diet  for  its  in- 
formation and,  as  far  as  necessary,  for  its  approval. 

PART  II.    THE  RIGHTS  AND  DUTIES   OF  CITIZENSHIP   IN    GENERAL. 

Art.  30.  The  right  of  Oldenburg  State  citizenship  (State  allegi- 
ance) and  the  consequent  local  citizenship  (communal  membership) 
are  acquired  and  lost  according  to  the  more  particular  provisions  of 
the  laws. 

Art.  31.  Sec,  1.  All  persons  are  equal  before  the  law^  Privileges 
of  birth  or  station  do  not  exist. 

Sec.  2.  The  public  offices  are  equally  accessible  to  all  persons  capa- 
ble of  holding  them,  provided  they  fulfil  the  conditions  prescribed 
by  the  law. 

Sec.  3.  Military  liability  is  alike  for  all;  the  grounds  of  exemption 
existing  according  to  law  are  to  be  restricted  as  far  as  possible. 
92975—19 13 


194  CONSTITUTIOlsrS  OF   THE   GERMAN   STATES. 

The  legislature  shall  regulate  military  liability  on  the  basis  of  the 
foregoing  provisions.  Until  then  the  hitherto  existing  laws  shall 
remain  in  force. 

Art.  32.  Each  citizen  has  full  freedom  of  belief  and  conscience. 

Art.  33.  Sec.  1.  The  enjoyment  of  civil  rights  or  of  the  rights  of 
State  or  communal  citizenship  shall  be  neither  determined  nor  re- 
stricted by  religious  creed. 

Sec.  2.  Eeligious  creed  does  not  lay  the  ground  for  any  difference 
in  the  duties  of  State  or  communal  citizenship  and  is  not  permitted 
to  detract  in  anywise  from  those  duties.  ' 

Sec.  3.  Difference  of  religion  does  not  constitute  a  hindrance  to 
civil  marriage. 

For  every  marriage  that  is  permissible  under  the  laws  of  the  land 
Uie  law  must  provide  a  valid  form  of  civil  wedlock. 

Art.  34.  Sec.  1.  The  choice  of  a  religious  creed  is  left  to  the 
free  conviction  of  each  individual  after  attaining  the  age  of  14  years. 

Sec.  2.  In  which  religion  the  children  are  to  be  reared  only  those 
are  to  determine  upon  w^hom  devolves  the  duty  of  education  accord- 
ing to  the  civil  laws. 

This  applies  particularly  also  to  the  education  of  children  ofi 
mixed  marriages. 

Sec.  3.  Further  regulations  as  to  the  education  of  children  after 
the  death  of  the  parents  will  be  contained  in  the  laws. 

Art.  35.  No  person  shall  be  compelled  to  perform  any  churchly 
act  or  ceremony. 

Regulations  as  to  the  observance  of  days  of  rest  ordained  by  the 
Church  will  be  provided  in  the  laws. 

Art.  36.  Every  citizen  is  unrestricted  in  the  joint  domestic  and 
public  practice  of  his  religion  and  its  usages. 

Infringements  of  the  law  committed  during  the  practice  of  religion 
and  its  usages  shall  be  punishable  according  to  law. 

Art.  37.  Sec.  1.  The  form  of  oath  shall  in  future  read :  "  So 
help  me  God !  "  Additions  to  this  form,  as  well  as  special  formali- 
ties, are  permissible  in  accordance  with  the  laws. 

Sec.  2.  Instead  of  an  oath  a  person  whose  religion  forbids  the  tak- 
ing of  an  oath  may  make  a  vow  in  the  form  which  takes  the  place  of 
an  oath  according  to  his  religion.    ' 

Art.  38.  Sec.  1.  Personal  liberty  is  inviolable.  No  person  may 
be  sentenced  otherwise  than  according  to  law,  and  none  may  be  pun- 
ished without  judgment. 

Sec.  2.  No  person  shall  be  deprived  of  his  lawful  judge.  Excep-, 
tional  jurisdictions  shall  not  be  allowed. 

Sec.  3.  The  decrees  regarding  the  forced-labor  establishments  for 
the  Grand  Duchy  of  Oldenburg,  of  May  29,  1821,  and  for  the  Prin- 
cipality of  Birkenfeld,  of  May  30, 1844,  shall  remain  in  force  for  the^ 


CONSTITUTION   OF  OLDENBURG.  195 

time;  however,  drafts  of  new  laws  on  this  subject  shall  be  submitted 
to  the  next  regular  Diet. 

Art.  39.  Sec.  1.  The  arrest  or  prosecution  of  a  person  on  suspi- 
cion of  having  committed  a  crime  or  misdemeanor  shall  take  place 
only  in  the  cases  and  in  the  manner  prescribed  by  law.  Except  when 
the  perpetrators  are  caught  in  the  act,  such  arrests  and  prosecutions 
shall  take  place  only  by  virtue  of  a  judicial  warrant,  stating  grounds. 
This  warrant  must  be  served  upon  the  arrestee  at  the  moment  of 
arrest  or  within  the  next  24  hours,  and,  furthermore,  the  arrested 
person  must  be  given  a  hearing  by  a  judicial  official  within  36  hours. 

Sec.  2.  If  the  arrest  has  not  been  made  by  the  judicial  authority 
competent  to  take  charge  of  the  remainder  of  the  proceedings,  the 
arrestee  shall  be  delivered  up  without  delay  to  the  latter  authority. 

Sec.  3.  A  police-court  arrest  for  investigation  shall  require  the  ap- 
proval of  the  next  higher  court  if  it  is  to  last  over  48  hours. 

Sec.  4.  Any  person  whom  the  lower  police  authority  has  taken 
mto  custody  in  the  interest  of  public  order,  safety,  or  morals  must 
either  be  released  within  three  times  24  hours  or,  unless  he  waives 
this  right  and  his  waiver  is  recorded,  said  low^er  police  authority 
must  obtain  the  consent  of  the  next  higher  police  authority  in  order 
to  continue  holding  him  in  custody.  Further  rules  in  regard  to  the 
procedure  will  be  contained  in  the  laws. 

Sec.  5.  Every  accused  person  shall  be  released  from  custody  upon 
furnishing  a  bond  or  bail  to  be  determined  by  the  court,  except  in  so 
far  as  the  law  may  stipulate  exceptions. 

Sec.  6.  In  case  an  imprisonment  has  been  ordered  or  prolonged 
contrary  to  law,  the  guilty  party,  and  if  necessary  the  State,  shall  be 
obliged  to  give  satisfaction  and  indemnification  to  the  sufferer. 

Sec.  7.  The  places  of  custod}^  or  prisons  shall  not  restrict  freedom 
any  more,  and  the  arrested  party  shall  not  be  caused  any  greater 
injury  or  inconvenience  than  the  legal  purposes  of  the  confinement 
and  punishment  render  unavoidably  necessary. 

Sec.  8.  The  modifications  of  the  present  provisions  which  are 
necessary  for  the  army  and  naval  services  shall  be  reserved  for 
special  laws.  Until  such  laws  are  enacted,  the  existing  laws  on  the 
subject  shall  remain  in  force. 

Art.  40.  Sec.  1.  All  dwelling  houses  are  inviolable. 

Sec.  2.  A  domiciliary^  search  shall  be  permissible  only : 

(1)  By  virtue  of  a  judicial  warrant  stating  grounds,  which  war- 
rant must  be  served  on  the  interested  party  either  immediately  or 
within  the  next  24  hours ; 

(2)  In  case  of  prosecution,  by  the  legally  authorized  officials,  of  a 
criminal  caught  in  the  act; 

(3)  In  the  cases  and  forms  in  which  the  law,  by  way  of  exception, 
allows  certain  officials  to  make  general  domiciliary  searches  even 


196  CONSTITUTIONS   OF   THE   GERMAN    STATES. 

without  a  judicial  warrant.  The  laws  existing,  on  this  subject  are 
to  be  subjected  to  a  revision. 

Sec.  8.  If  possible,  the  search  of  a  house  must  take  place  in  the 
presence  of  members  of  the  household. 

Sec.  4.  The  inviolability  of  dwellings  shall  not  constitute  a  hin- 
drance to  the  arrest  of  a  person  judicially  prosecuted. 

Art.  41.  Sec.  1.  Except  in  case  of  an  arrest  or  domiciliary  search, 
the  seizure  of  letters  and  papers  shall  take  place  only  by  virtue  of  a 
judicial  order  stating  reasons,  and  this  order  shall  be  exhibited  to  the 
interested  party  immediately  or  within  the  next  24  hours. 

Sec.  2.  Pending  the  enactment  of  the  law  mentioned  in  article  40, 
section  2,  paragraph  3,  letters  and  papers  may  be  seized  during  gen- 
eral domiciliary  searches  only  by  virtue  of  a  judicial  order,  the  rules 
applicable  to  the  latter  being  observed. 

Art.  42.  The  secrecy  of  letters  is  guaranteed.  The  restrictions  of 
this  rule  rendered  necessary  in  criminal  investigations  and  in  case  of 
war  shall  be  determined  by  the  laws. 

Art.  43.  Sec,  1.  The  death  penalty  (except  where  the  law  of  war 
or  martial  law  prescribes  it  or  the  maritime  law  permits  it  in  case 
of  mutinies),  corporal  punishment,  imprisonment  on  lath  beds, 
apology  and  retraction,  compulsory  reparation,  and  public  exposure 
are  abolished. 

Sec  2.  Pending  the  enactment  of  further  penal  provisions,  the 
next  milder  penalty  shall  be  substituted  instead  of  the  abolished  death 
penalty. 

Sec.  3.  Civil  death  shall  not  be  inflicted  as  a  penalty  or  as  the  con- 
sequence of  a  penalty.  Where  it  has  already  been  pronounced  its 
effects  shall  cease,  in  so  far  as  vested  private  rights  are  not  injured 
thereby. 

Art.  44.  The  penalty  of  judicial  banishment  shall  not  be  im- 
posed against  citizens  of  the  Grand  Duchy. 

Art.  45.  The  confiscation  of  the  whole  fortune  or  of  a  proportion- 
ate part  thereof  shall  be  impermissible. 

Art.  46.  Sec.  1.  Every  person  has  a  right  to  express  his  opinion 
freely  in  word,  writing,  print,  or  pictorially,  without  prejudice  to 
the  provisions  of  law  against  the  abuse  of  this  right. 

Sec.  2.  The  press  shall  not  be  placed  under  censorship,  and  other 
restrictions  thereon  through  preventive  measures  may  be  introduced 
only  by  means  of  a  law. 

Art.  47.  Sec.  1.  Every  person  shall  be  entitled,  either  alone  or  in 
conjunction  with  several  others,  to  make  petitions,  representations, 
and  complaints  both  to  the  competent  authorities  and  to  the  Diet. 

Sec.  2.  Every  commune  and  every  other  corporation  recognized 
by  the  State  shall  be  free  to  exercise  the  same  right  through  its  head. 


CON^STITUTION    OF   OLDENBURa.  197 

Sec.  3.  When  unfavorable  decisions  are  rendered  by  the  adminis- 
trative authorities,  the  grounds  on  which  they  are  based  shall  be 
stated. 

Sec.  4.  Reports  called  for  by  the  lower  authorities  in  order  to 
enable  them  to  decide  shall  be  exhibited  to  the  person  who  has 
complained  against  the  decision,  in  case  he  so  requests. 

Art.  48.  Every  person  who  believes  that  he  has  been  injured  in  his 
private  rights  by  an  administrative  measure  shall  have  the  courts 
at  his  disposal  without  requiring  any  special  permission,  subject  to 
the  provision  of  article  97. 

Art.  49.  Moratoriums  may  be  granted  only  by  the  courts  in  ac- 
cordance with  the  laws. 

Art.  50.  Sec.  1.  The  citizens  have  a  right  to  assemble  peaceably 
and  without  arms,  not  needing  any  special  permit  for  the  purpose^ 

Sec.  2.  In  case  of  urgent  danger  to  public  order  and  safety,  as- 
semblies of  the  people  may  be  forbidden.  > 

Art.  51.  Sec.  1.  The  citizens  have  a  right  to  form  societies.  This 
right  shall  not  be  restricted  by  any  preventive  measure.  ■' 

Sec.  2.  However,  the  Government  is  authorized  to  annul  the  by- 
laws of  societies  and  to  dissolve  such  organizations  as  pursue  pur^ 
poses  dangerous  to  the  State,  this  authority  being  subject  to  further 
regulation  by  the  legislature. 

Art.  52.  The  provisions  contained  in  articles  47,  50,  and  51  are 
applicable  to  the  military  in  so  far  as  disciplinary  regulations  do  not 
stipulate  to  the  contrary. 

Art.  53.  Sec.  1.  For  the  maintenance  of  internal  peace  and  security 
and  for  the  enforcement  of  measures  adopted  by  the  civil  authorities, 
the  military  authority  may  interfere  only  at  the  express  request  of 
the  competent  civil  authority  responsible  for  the  matter,  and  no 
further  than  this  authority  requires. 

Sec.  2.  Before  making  actual  use  of  arms  and  unless  a  case  occurs 
warranting  such  action  in  self-defense*,  the  assembled  crowd  must  be 
given  explicit  and  plain  warning  in  due  time  that  such  use  is  con- 
templated, in  order  that  the  assembled  crowd  as  well  as  each  indi- 
vidual composing  it  may  depart. 

Art.  54.  Sec.  1.  In  case  of  an  insurrection,  the  State  Govern- 
ment may,  provided  the  other  law^ful  means  of  suppressing  it  are 
insufficient,  restore  and  protect  by  extraordinary  means  the  lawful 
order  and  the  jeopardized  freedom  of  person  and  property.  To  this 
end  it  may,  in  the  threatened  towns  or  districts,  temporarily  restrict 
the  exercise  of  the  rights  insured  by  articles  39,  40,  41,  42,  46,  50, 
and  53,  and  even  declare  martial  law,  though  it  must  announce 
beforehand  at  the  place  that  this  is  to  occur,  and  to  what  extent. 

These  measures,  however,  require  the  consent  of  the  Diet,  if  it  is 
convened ;  otherwise  they  must  be  subsequently  justified  before  it. 


198  CONSTITUTIONS  OF   THE   GEKMAN   STATES. 

Sec.  2.  In  cases  of  extreme  need  and  urgent  haste,  where  higher 
orders  can  not  be  awaited,  the  supreme  authority  of  the  province 
may  take  the  measures  in  question  on  its  own  responsibility,  except 
the  declaration  of  martial  law. 

Sec.  3.  It  is  reserved  for  a  law  on  sedition  to  determine  otherwise 
or  more  particularly  in  the  near  future  the  forms  and  conditions  for 
such  extraordinary  measures. 

Art.  55.  Sec.  1.  The  freedom  to  emigrate  may  be  restricted  by 
the  Government  only  according  to  law  and  with  respect  to  military 
liability. 

Sec.  2.  Emigration  taxes  shall  not  be  levied. 

Art.  56.  Sec.  1.  The  freedom  of  industry  and  other  modes  of  live- 
lihood may  be  restricted  only  according  to  law,  and  only  to  such 
extent  as  is  required  for  the  public  welfare. 

Sec.  2.  Restrictions  of  industries  and  of  industrial  establishments 
on  the  basis  of  an  alleged  ro^^al  prerogative  shall  not  take  place. 

Sec.  3.  The  restrictions  now  legally  existing  shall  remain  in  force 
until  repealed. 

Art.  57.  The  post  offices  shall  not  be  for  the  purpose  of  affording 
a  source  of  Government  revenue. 

Art.  58.  Sec.  1.  Commercial  and  industrial  privileges  may  be 
granted  only  in  particular  cases,  only  in  accordance  with  the  law, 
and  only  to  a  specified  extent  and  for  a  fixed  period. 

Sec.  2.  However,  patents  for  inventions  or  for  importation  for  a 
maximum  of  10  years  do  not  require  the  consent  of  the  Diet. 

Art.  59.  Sec.  1.  No  State  prerogative  in  regard  to  mills  shall  exist. 

Sec.  2.  All  rights  of  compulsion  and  restraint  on  the  part  of  mills, 
including  any  right  attached  to  a  mill  to  oppose  the  establishment 
of  new  mills  or  the  enlargement  of  old  ones  and  to  protest  against 
the  keeping  of  handmills  and  querns,  are  hereby  abolished.  The 
entitled  parties  shall  have  a  claim  for  damages  against  the  State  or 
against  the  obligated  parties  qnly  in  so  far  as  their  rights  are  based 
on  special  contracts  with  the  State  or  with  the  obligated  parties. 

Art.  60.  Sec.  1.  Property  rights  are  inviolable. 

Sec.  2.  Only  out  of  consideration  for  the  common  welfare,  on  the 
basis  of  a  law,  and  after  just  indemnification  may  they  be  taken  away 
or  restricted. 

Sec.  3.  This  article  is  to  effect  no  change  in  the  existing  right  to 
construct  dikes  and  dams. 

Art.  61.  Every  real  estate  owner  may  alienate  his  property  inter 
vivos  or  for  the  case  of  death,  wholly  or  in  part,  except  in  so  far  as 
future  legislation,  out  of  considerations  of  public  welfare  and  for 
reasons  of  political  economy,  may  prescribe  restrictions  in  certain 
portions  of  the  territory  of  the  Duchy  of  Oldenburg  and  in  the  Prin- 
cipality of  Liibeck. 


CONSTITUTION   OF   OLDENBURG.  199 

The  carrying  out  of  this  principle  of  the  divisibility  of  all  real 
estate  is  soon  to  be  provided  for  by  legislation,  until  which  time  the 
existing  laws  and  regulations  shall  remain  in  force.  As  regards 
mortmain,  restrictions  of  the  right  to  acquire  real  property  and  to 
dispose  of  it  are  permissible  in  the  way  of  legislation  for  reasons  of 
public  welfare. 

Art.  62.  Sec.  1.  Patrimonial  jurisdiction,  the  jurisdiction  of  cities, 
mark  jurisdiction,  seigniorial  police,  and  all  other  rights  of  sover- 
eignty attaching  to  a  landed  domain  or  to  a  person,  as  well  as  the 
privileges,  exemptions,  and  taxes  of  any  kind  connected  with  these 
rights,  shall  be  abolished  without  compensation  and  not  introduced 
again. 

Sec.  2.  With  these  rights  the  compensatory  services  and  burdens 
also  disappear  which  were  incumbent  upon  the  beneficiaries  in  con- 
sideration thereof. 

Art.  63.  Sec.  1.  All  seigniorial  and  protectorial  conditions,  as 
well  as  conditions  of  bondage  and  subjection,  shall  cease  forever  and 
can  not  be  reintroduced.  The  places  and  domains  freed  from  these 
conditions  shall  become  the  property  in  fee  simple  of  the  person  who 
possesses  the  hereditary  farming  right  at  the  time  of  the  promulga- 
tion of  this  Constitution.  The  prerogatives  which  belonged  to  a 
creditor  of  the  obligated  party  at  the  time  of  the  abolition  of  the 
seigniorial  condition  on  the  basis  of  the  consent  granted  by  the  lord 
of  the  estate  shall  continue  to  be  enjoyed  by  him  unimpaired.  Fur- 
ther legal  questions  in  connection  with  these  places  and  domains 
shall  be  more  particularly  regulated  by  law. 

Sec.  2.  The  following  things  are  abolished  without  indemnification 
and  shall  not  be  reintroduced: 

(a)  Compulsory  domestic  service,  redemption,  heriot,  and  any 
other  still  existing  personal  taxes  and  performances  arising  from  the 
seigniorial  and  protectorial  relation; 

(h)  The  reversionar}^  right  of  the  manor  lord; 

(c)  Neuhruch  (the  duty  to  break  new  soil)  and  cattle  tithes; 

(d)  The  right  to  wood  on  the  soil  of  another  or  on  servient  soil, 
whether  this  right  is  derived  from  a  sovereign  right  or  a  seigniorial 
right; 

(e)  All  compulsory  service  to  the  State,  services  following  the 
land  {Landfolgedienst)  or  court  services  to  be  rendered  the  State 
as  such,  and  similar  burdens,  with  the  exception  of  communal 
services  and  burdens  and  emergency  duties  called  forth  by  war,  fire, 
inundation,  and  the  like.  With  respect  to  the  services  and  per- 
formances hitherto  required  on  Government  roads,  a  law  will  make 
provision  as  to  what  roads  are  Government  roads.  These  services 
shall  nowhere  be  demanded  for  the  maintenance  and  construction  of 
pikes  and  their  appurtenances. 


200  COJNSTITUTIONS   OF    THE   GERMAISr   STATES. 

In  cases  where  the  privileges,  taxes,  and  services  mentioned  under 
section  2  (a)  to  (d)  have  been  superseded  by  others  since  August  2, 
1830,  these  others  shall  also  be  abolished  without  compensation,  li 
they  have  been  redeemed  simultaneously  with  other  privileges,  and 
taxes,  performances,  or  cash  payments  have  been  accepted  for  them  as 
a  whole,  these  latter  shall,  at  the  instance  of  the  obligated  parties  and 
according  to  fixed  rates  to  be  stipulated  in  the  compensation  law,  be 
proportionately  diminished,  or  curtailed  to  the  amount  of  capital 
represented  by  3  per  cent  interest,  but  continue  to  be  paid  until  this 
has  occurred.  At  the  request  of  the  party  making  the  payment,  a 
promise  made  to  refund  the  amount  paid  in  excess  according  to  the 
compensation  law  shall  be  fulfilled.  Where  payment  has  already 
been  made,  the  amount  paid  shall  be  refunded  by  the  State  according 
to  the  proportion  mentioned,  with  the  exception  of  the  indertmifica- 
tion  for  the  abolition  of  the  right  to  wood  under  (d). 

With  the  abolition  of  the  rights  mentioned  under  1  and  2,  .the 
compensatory  services  and  burdens  also  disappear  w  liich  the  hitherto 
Entitled  parties  had  to  render  or  bear  in  consideration  thereof. 
'  Sec.  3.  All  other  services,  ground  retits,  arid  real  liens,  as  well  as 
tithes  of  an}^  origin,  w^hich  are  not  mentioned  under  no.  2,  which 
arise  from  a  seigniorial  and  protectorial  relation  that  has  hitherto  still 
existed,  and  which  have  been  attached  to  real  estate,  are  abolished 
subject  to  compensation  and  to  the  following  provisions,  as  well  as 
to  any  other  more  particular  ones  wdiich  maj^  be  embodied  in  a  law 
to  be  submitted  to  the  next  regular  Diet : 

(a)  The  seigniorial  and  protectorial  relation  is  regarded  as  having 
hitherto  existed  only  in  the  case  of  the  Ilofhorigen  ("persons  liable 
to  statute  labor '')  and  in  the  cases  in  which  the  reversionary  right 
continues  to  exist  up  to  the  present. 

(b)  The  obligation  to  make  compensation  attaches  as  a  real  lien  on 
the  hitherto  servient  domains. 

{c)  The  indemnity  shall  assume  the  form  of  capital,  which  shall  in 
no  event  exceed  IG  times  the  money  value  of  the  annual  net  proceeds. 

If  the  capital  is  to  be  converted  into  rent,  this  shall  be  done  by 
virtue  of  a  contract. 

{d)  The  annual  net  proceeds  shall  be  determined  according  to  the 
provisions  of  a  law  to  be  enacted,  and  the  money  value  thereof  shall 
be  determined  according  to  the  average  of  the  last  30  years. 

{e)  The  capital  represented  by  the  amount  of  the  indemnity  shall 
bear  interest  at  the  rate  of  4  per  cent  from  the  date  of  promulgation 
of  the  Constitution. 

The  couA  ersions  and  redemptions  of  the  privileges,  taxes,  and  per- 
formances mentioned  herein  under  no.  3  shall  remain  in  force  if 
the}^  have  already  been  made  validly  through  free  agreement, 
through  the  mediation  or  decision  of  the  commission  for  the  regula- 


CONSTITUTION    or    OLDENBURG.  201 

tion  of  seigniorial  relations,  or  through  judicial  decrees.  However,  in 
cases  in  which  the  State  was  the  landlord,  those  redemptions  whi(.'h 
have  been  effected  since  August  2,  1830,  shall  be  revised  at  the  re- 
quest of  the  obligated  parties  into  perpetual  rents,  amortization 
rents,  or  into  capital,  even  if  the  payment  has  been  completely  made, 
and  the  money  equivalents  (^vhich  must  nevertheless  be  paid  unlil 
that  time)  shall,  according  to  the  principles  of  the  compensation  law 
to  be  enacted,  be  moderated  or  curtailed  or  refunded  and  amount 
(capitalized)  to  25  times  the  money  value  of  the  annual  net  pro- 
ceeds. 

Sec.  4.  Also  all  other  taxes  and  performances  which  attach  un- 
doubtedly to  the  soil  (or  houses),  including  in  particular  long  leases, 
ground  hire,  mill  services,  performances  for  mills,  as  well  as  taxes, 
services,  and  performances  not  referred  to  in  the  provisions  und( c 
nos.  2  and  3  and  arising  from  seigniorial  relations,  and  likewise  renis 
of  all  kinds  already  fixed  or  to  be  fixed  for  previous  seigniorial  privi- 
leges through  contract  or  decision,  and  not  falling  under  nos.  2  and 
3.  are  redeemable  without  regard  to  the  status  of  thp  entitled  and 
obligated  parties,  in  so  far  as  the  legislation  on  the  subject  does  not 
consider  justified  the  abolition  of  one  or  the  other  without  com- 
pensation. 

Sec.  5.  Henceforth  no  real  estate  shall  be  burdened  by  any  unre- 
deemable tax  or  encumbrance. 

Sec.  6.  This  article  does  not  apply  to  so-called  ordinary  taxes  pay- 
able to  the  State,  or  to  other  constant  taxes  due  the  State  as  such, 
likewise  not  to  conmiunal  and  corporation  taxes  or  to  servitudes 
proper.  •  . 

Art.  C)4.  Sec.  1.  The  ro3\il  hunting  and  fishing  prerogative,  as 
Avell  as  sovereign  hunting  rights  and  all  hitherto  existing  hunting 
law^s  are  abolished. 

Sec.  2.  Hunting  and  fishing  privileges  on  land  or  in  water  belong- 
ing to  others,  as  well  as  compulsory  hunting  services  and  perform- 
ances exactable  in  connection  with  hunting  and  fishing,  are  abolished 
without  compensation. 

Sec.  3.  Every  person  is  entitled  to  hunt  on  his  own  land  and  fish 
in  his  own  waters.  It  is  reserA ed  for  legislation  to  regulate  the  exer- 
cise of  the  hunting  i-ight  for  reasons  of  public  safety  and  the  common 
welfare. 

Sec.  4.  The  privilege  of  hunting  on  land  belonging  to  others  and  of 
fishing  in  others^  waters  shall  in  future  not  again  be  established  as  a 
fundamental  right. 

Art.  65.  Sec.  1.  The  existing  system  of  taxation  shall  bc'  ex- 
amined and  reorganized  by  law. 


202  CONSTITUITONS  OF   THE  GERMAN   STATES. 

Sec.  2.  All  taxable  property  and  income  are  subject  to  taxation 
for  purposes  of  the  State  and  the  commune.  The  following  are  ex- 
cepted : 

(1)  The  grand  ducal  castles  and  their  accessory  buildings  and 
gardens ; 

(2)  Buildings  devoted  to, divine  service  and  cemeteries. 
Other  necessary  exceptions  shall  be  provided  for  by  law. 

Sec.  3.  All  exemptions  and  favors  in  connection  with  contributing 
toward  bearing  the  burdens  of  the  State  and  the  commune  are  abol- 
ished on  and  after  April  1,  1849,  as  regards  State  taxes,  and  on  and 
after  May  1,  1849,  as  regards  communal  taxes.  Only  by  way  of  ex- 
ception and  only  for  those  persons  for  whom  it  is  proven  that  some- 
thing has  been  paid  to  the  State,  or  that  something  is  still  being  paid 
to  or  performed  for  it,  shall  compensation  be  granted  according  to  a 
law  to  be  enacted. 

Sec.  4.  Henceforth  such  exemptions  shall  neither  be  grantable  nor 
in  any  wise  acquirable. 

Sec.  5.  In  the  taxes  to  be  paid  to  the  State,  individuals  who  have 
heretofore  been  exempt  shall,  beginning  with  April  1, 1849,  be  classed 
equally  with  the  taxpayers  on  the  basis  of  the  additional  contribu- 
tion. In  the  Principality  of  Liibeck  and  in  the  district  (Amt)  of 
Varel,  equality  of  taxation  shall  be  introduced  on  the  basis  prevailing 
there. 

Sec.  6.  All  communal  burdens  shall,  on  and  after  May  1,  1849,  be 
distributed  equally  among  the  residents  in  the  various  kinds  of  com- 
munes {Deichhandeny  Vogteien,  Sielachten^  Kirchspielen^  Schul- 
achten)  for  which  they  are  to  be  borne.  However,  until  otherwise 
provided,  the  distribution  of  the  ordinary  maintenance  of  dikes  and 
conduits,  as  well  as  of  public  roads,  shall  remain  unchanged  in  ac- 
cordance with  the  foregoing  provision. 

PART  III. POLITICAL  COMMUNES. 

Art.  66.  Sec.  1.  The  political  commune  as  such  constitutes  a 
subdivision  of  the  State,  and  to  that  extent  serves  its  purposes. 

Sec.  2.  The  constitution  of  these  communes  is  to  be  rearranged  by 
law,  applying  the  principles  enounced  in  articles  67-71.  Until  then 
the  existing  institutions  shall  remain  in  force. 

Art.  67.  All  communes  in  city  and  country  are  to  receive  as  nearly 
identical  a  constitution  as  possible. 

Art.  68.  Every  commune  shall  have  the  right  of  free  self-adminis- 
tration in  its  own  affairs  and  shall  not  be  restricted  in  this  regard 
otherwise  than  by  law,  and  then  not  to  any  further  extent  than  the 
purpose  of  the  State  absolutely  requires. 

Art.  69.  Sec.  1.  The  communes  shall  be  allowed  free  choice  of 
their  representatives  and  officials. 


CONSTITUTION   OF   OLDENBURG.  203 

Sec.  2.  If  the  communal  oflicials  have  functions  which  go  beyond 
the  real  affairs  of  the  commune,  the  State  Government  shall  also  take, 
a  hand  in  their  appointment. 

Art.  70.  Sec.  1.  The  principle  of  publicity  shall  prevail  for  the 
deliberations  of  all  communes. 

Sec.  2.  The  assemblies,  both  of  the  whole  commune  and  of  its  rep- 
resentatives, shall  not,  within  their  sphere  of  jurisdiction,  require 
any  permit  from  the  State  authorities. 

Art.  71.  No  commune  shall  be  burdened  with  duties  of  perform- 
ance or  with  expenses  to  which  it  has  not  given  its  consent,  or  to 
which  it  is  not  obligated  by  law. 

Art.  72.  Sec.  1.  The  freedom  to  move  one's  residence  shall  exist 
among  all  communes  in  accordance  with  the  rules  to  be  prescribed 
by  law. 

Sec.  2.  The  law  shall  fix  the  conditions  for  acquiring  citizenship  in 
a  commune,  for  the  special  privilege  of  carrying  on  industry,  and  for 
the  duty  of  the  commune  to  support  individuals.  Until  that  time 
every  State  citizen  of  01dei;iburg  shall  become  a  member  of  the 
political  organization  of  a  commune  by  moving  his  residence  into 
the  commune  or  by  residing  therein,  provided  it  is  proved  that  he 
has  not  during  the  last  three  years  been  punished  for  a  dishonoring 
crime  or  misdemeanor  or  received  support  from  the  pauper  funds. 

Sec.  3.  For  the  Principality  of  Birkenfeld  the  regulations  in  force 
therein  in  regard  to  removal  of  residence  shall  remain  temporarily 
in  force. 

Sec.  4.  For  the  Principality  of  Liibeck  the  regulations  which  at 
the  time  of  publication  of  the  Constitution  were  in  force  there  in 
regard  to  removal  of  residence  and  the  acquisition  of  conmiunal 
citizenship  shall  go  temporarily  into  force  again  pending  further 
regulation  by  law. 

Art.  73.  The  communes  of  a  given  district  shall  combine  together 
into  a  larger  organization,  whose  constitution  shall  be  arranged  as 
far  as  possible  according  to  the  principles  and  basis  of  the  constitu- 
tions of  the  communes  composing  it. 

PART   IV. religious  ORGANIZATIONS. 

Art.  74.  The  Christian  religion  shall  be  taken  as  a  basis  for  all 
the  institutions  of  the  State  which  are  connected  with  the  exercise 
of  religious  worship,  without  prejudice  to  the  freedom  of  religion 
guaranteed  in  articles  35  and  36.  However,  there  does  not  exist  any 
State  church. 

Art.  75.  The  provisions  in  force  in  regard  to  associations  and 
assemblies  in  general  shall  not  apply  to  religious  societies  which  have 
corporate  rights. 

V 


204  CONSTITUTIONS  CF   THE   GERMAN    STATES. 

Art.  76.  New  religious  societies  may  be  formed,  a  recognition  of 
their  creed  by  the  State  not  being  required. 

Art.  77.^  Those  religious  societies  which  already  have  corporative 
rights  (religious  corporations)  shall  have  these  rights  guaranteed 
them,  but  others  may  receive  these  rights  only  through  a  law. 

Art.  78.  Sec.  1.  Every  religious  corporation  shall  arrange  and 
administer  its  aifairs  independently,  Avithout  prejudice  to  the  rights 
of  the  State. 

Sec.  2.  The  Evangelical  Church  in  the  Grand  Duchy  shall  be 
guaranteed  a  presbyterian  and  synodal  constitution,  subject  to  the 
privileges  of  ecclesiastical  rule,  which  shall  belong  to  the  Grand 
Duke,  according  to  the  constitution  of  the  Church,  for  the  preserva- 
tion of  the  connection  between  the  Church  and  the  State  and  for  the 
furtherance  of  its  purposes.  The  present  constitution  of  the  Evan- 
gelica;!  Church  of  the  Duchy  of  Oldenburg  is  subject  to  such  changes 
as  uiRj  be  requisite  in  order  to  preserve  the  existence  of  the  Church  or 
its  State  organization.  Until  the  changes  thus  necessitated  in  the 
constitution  of  the  Evangelical  Church  of  the  Duchy  of  Oldenburg, 
or  the  necessary  arrangements  for  the  Evangelical  Church  in  the 
Principalities  of  Lubeck  and  Birkenfeld,  have  been  adopted  by  the 
Grand  Duke  in  cooperation  with  the  churchly  organs,  the  present 
constitution  of  the  Evangelical  Church  of  the  Duchy  of  Oldenburg 
of  August  3/15,  1849,  and  the  organic  arrangements  of  the  Evan- 
gelical Church  in  the  Principalities  of  Lubeck  and  Birkenfeld  shall 
remain  in  force. 

Sec.  3.  The  placet  and  viswni  exercised  by  the  Sovereign  of  the 
land  ill  affairs  of  the  Catholic  Church  are  abolished. 

Sec.  4.  The  various  religious  organizations  shall  be  free  to  unite 
with  others  into  larger  communities,  and  their  intercourse  wdth  the 
ecclesiastical  superiors  shall  in  no  wise  be  trammeled. 

Art.  79.  The  election,  appointment,  or  installation  by  the  religious 
organizations  of  their  officials  and  servants  shall  require  the  approval 
of  the  Government  authorities  only  in  accordance  with  the  laws  or 
treaties. 

Art.  80.  The  ecclesiastical  communes  and  religious  organizations 
shall  be  protected  in  the  possession  of  their  ecclesiastical  property 
as  well  as  in  the  employment  tliereof  in  accordance  with  the  condi- 
tions of  their  foundation,  only  the  same  provisions  being  applicable 
for  the  preservation  of  this  property  as  apply  in  the  case  of  secular 
communes. 

Art.  81.  Every  religious  organization  shall  have  a  right  to  make 
its  own  arrangements  for  the  collection  of  its  taxes  and  other  dues. 

1  Law  of  December  16,  1902,  regarding  the  interpretation  of  article  77,  defines  that  thr 
provision  of  article  77  does  not  ref(!r  to  the  acquisition  of  legal  capacity  in  the  domain 
of  the  civil  law. 


CONSTITUTION    OF   OLDENBURG.  205 

These  taxes  and  dues  shall  be  treated  b}^  the  Government  authori- 
ties the  same  as  the  taxes  and  dues  of  the  secular  communes  and 
shall  enjo}^  the  same  advantages  as  the  latter,  provided  the  principles 
on  which  such  taxes  and  clues  are  collected  and  distributed  are 
approved  by  the  governmental  authority. 

PART    V. EDUCATIONAL   INSTITUTIONS. 

Art.  8:^.  Sec.  1.  The  educational  system  is  under  the  supreme 
supervision  of  the  State. 

Sec.  2.  The  necessary  connection  between  church  and  school  will 
be  regulated  by  law,  taking  into  consideration  confessional  condi- 
tions. The  higher  and  lower  school  boards  shall  include  also  clergy- 
men and  school  officials.  ' 

Sec.  3.  The  higher  schohistic  authorities  of  the  Duchy  of  Olden- 
burg shall  exist  separately,  both  in  the  case  of  the  Evangelical  and 
of  the  Catholic  educational  institutions,  and  they  shall  be  so  arranged 
that  the  church  concerned  may  be  insured  the  necessary  influence  for 
the  religious  training  of  the  youth. 

Art.  83.  Sec.  1.  Adequate  provision  shall  everywhere  be  made 
through  public  schools  for  the  education  of  the  youth. 

Sec.  2.  All  public  educational  institutions  shall  constantly  be 
provided  with  adequate  teachers  and  educational  supplies. 

Art.  84.  Sec.  1.  Domestic  instruction  shall  not  be  subject  to 
any  restriction. 

Sec.  2.  Parents  or  those  representing  them  shall  not  be  permitted 
to  let  their  children  or  those  intrusted  to  their  care  go  without  the 
education  which  is  prescribed  for  the  primary  public  schools. 

Art.  85.  Public-school  teachers  shall  have  the  rights  and  duties  of 
Government  employees.  They  shall  be  entitled  to  an  adequate  re- 
muneration for  their  services  and  to  a  suitable  pension. 

Art.  86.  Sec.  1.  The  public  schools  are  communal  institutions. 
The  expenses  connected  therewith  shall  be  primaril}'  borne  by  the 
commune,  though  this  shall  not  preclude  the  payment  of  a  moderate 
tuition  fee. 

Sec.  2.  If  a  commune  is  burdened  beyond  its  resources  by  its 
school  expenses,  the  necessary  additional  sum  shall  be  appropriated 
out  of  the  State  treasury  in  accordance  with  legislative  enactment. 

Sec.  3.  Special  pauper  schools  shall  not  exist. 

Art.  87.  All  public  schools  shall  be  so  organized  that  the  youth 
may  receive  therein  a  general  human  and  civil  as  well  as  religious 
education. 

Art.  88.  Sec.  1.  The  State  shall  appoint  the  teachers  of  the  public 
schools  from  among  the  examined  candidates. 

Sec.  2.  To  what  extent  the  communes  shall  participate  in  this  re- 
gard shall  be  determined  by  law. 


206  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  89.  Sec.  1.  Provision  shall  be  made  for  the  training  of 
efficient  school-teachers  by  perfecting  the  institutions  existing  for  that 
purpose.  These  institutions  must  be  so  organized  and  supervised  as 
to  insure  the  religious  education  of  the  teachers  under  training. 

Sec.  2.  Connection  with  other  German  educational  institutions  of 
the  same  religious  denomination  shall  be  permissible. 

Art.  90.  Sec.  1.  The  communes  shall  be  granted  adequate  extra 
allowances  from  the  State  treasury  in  order  to  promote  the  construc- 
tion of  higher-grade  schools  and  the  extension  of  the  ordinary  public 
schools  by  increasing  the  subjects  of  instruction  and  the  teachers  at 
suitable  places,  taking  into  consideration  industries  and  agriculture. 

Sec.  2.  Where  an  academy  {Gelehrtenschule)  or  a  school  of  navi- 
gation exists  the  higher-grade  public  school  may  be  combined  there- 
with. 

Art.  91.  Sec.  1.  The  academies  and  the  war  and  naval  (naviga- 
tion) schools  are  State  institutions.  Whether,  and  if  so,  to  what  ex- 
tent, the  colleges  {Realgymnasien)  are  raised  to  this  category  shall 
form  the  subject  of  legislative  enactment. 

Sec.  2.  No  citizen  of  the  State  who  demonstrates  that  he  possesses 
sufficient  capacity  (including,  in  the  case  of  war  schools,  also  his  posi- 
tion in  the  service  according  to  regulations) ,  shall  be  refused  instruc- 
tion in  these  institutions. 

part  VI. — ^the  administration  of  justice. 

Art.  92.  All  jurisdiction  emanates  from  the  State. 

Art.  93.  Sec.  1.  The  judicial  power  shall  be  exercised  inde- 
pendently by  the  courts.  Cabinet  and  ministerial  justice  is  not  per- 
missible. 

Sec.  2.  The  courts  shall  be  entitled  to  demand  the  protection  ol 
the  civil  and  military  authorities  and  also  their  assistance  in  carrying 
out  their  decrees. 

Art.  94.  The  organization,  jurisdiction,  and  procedure  of  the 
courts  are  to  be  regulated  anew  by  law  according  to  the  principles  set 
forth  in  articles  95  to  101.  Until  then  the  existing  laws  shall  remain 
in  force. 

Art.  95.  Sec.  1.  There  shall  be  no  privileged  status  of  persons  or 
property  before  the  courts. 

Sec.  2.  The  only  exception  is  with  respect  to  military  jurisdiction 
in  criminal  cases,  as  well  as  in  regard  to  offenses  against  military 
discipline,  subject  to  the  provisions  relating  to  the  military  estab- 
lishment. 

Art.  96.  Sec.  1.  The  administration  of  justice  and  government 
administration  shall  be  independent  of  and  separate  from  each  other; 
nevertheless,  it  shall  be  left  to  legislative  enactment  to  determine 
whether,  and  if  so  in  what  manner,  this  separation  is  to  be  made  also 


CONSTITUTION   OF   OLDENBURG.  207 

in  primary  jurisdiction  (first  instance)  with  respect  to  police-court 
offenses  and  so-called  trivial  cases. 

Sec.  2.  The  exercise  of  judicial  functions  by  the  administrative 
authorities  shall  cease. 

Art.  97.  Sj:c.  1.  The  competency  of  the  courts  and  of  the  ad- 
ministrative authorities  shall  be  determined  by  law. 

Sec.  2.  Conflicts  of  jurisdiction  (disputes  regarding  competency) 
between  the  administrative  and  the  judicial  authorities  shall  be  de- 
cided by  an  authority  to  be  designated  by  law. 

Akt.  98.  The  administration  of  civil  justice  in  matters  requiring 
special  professional  experience  shall  be  exercised  exclusively  or  jointly 
by  expert  judges  freely  chosen  by  their  colleagues. 

Art.  99.  The  question  of  introducing  courts  of  arbitration  is  to  be 
taken  up  for  consideration. 

Art.  100.  Judicial  procedure  shall  be  public  and  oral.  P2xcep- 
tions  in  which  the  procedure  is  not  to  be  public  shall  be  designated 
by  law. 

Art.  101.  Sec.  1.  Criminal  actions  shall  be  instituted  on  the  basis 
of  indictments. 

Sec.  2.  All  grave  criminal  cases,  political  offenses,  and  those 
violations  of  the  press  laws  which  are  prosecuted  officially  shall  be 
tried  by  jury. 

Art.  102.  Every  public  administrative  department  shall  sue  before 
the  ordinary  courts  in  all  private-law  disputes  concerning  it. 

Art.  103.  A  special  law  shall  be  enacted  in  regard  to  police-court 
offenses  and  their  punishment. 

PART  VII. THE  government  SERVICE.^ 

Art.  104.  Ordinary  bench  vacancies  shall  be  permanently  filled 
at  once. 

This  provision,  however,  shall  not  take  effect  until  the  new  code 
of  judicial  organization  has  been  introduced  according  to  articles 
92  and  94-101. 

Art.  105.  In  future  it  shall  not  be  permissible  to  combine  a  judicial 
office  with  a  remunerative  non- judicial  office  except  in  accordance 
with  provisions  of  law. 

Art.  106.  Sec.  1.  No  ordinary  judge  shall,  otherwise  than  through 
judgment  and  process  of  law,  be  removed  from  his  office  or  suffer 
impairment  in  his  rank  or  salary.* 

Sec.  2.  Suspension  shall  not  take  place  without  a  judicial  decree 
and  not  without  a  simultaneous  reference  of  the  matter  to  the  com- 

1  See  law  of  January  7,  1879,  regarding  the  organization  of  oflBces  In  the  Duchy  of 
Oldenburg;  law  for  the  Grand  Duchy  of  January  27,  1877. 


208  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

potent  court.     The  decision  on  the  matter  must  be  reached  by  the 
supreme  court  of  the  land. 

Art.  107.  No  ordinary  judge  shall,  against  his  will,  be  transferred 
to  another  position  or  retired  otherwise  than  by  judicial  decision  in 
the  cases  and  according  to  the  forms  prescribed  by  law. 

Art.  108.  Articles  104  to  107  shall  not  apply  to  administrative 
officials  who  at  the  same  time  exercise  judicial  functions. 

Art.  109.  Sec.  1.  In  the  administrative  service  permanently  ap- 
pointed officials  shall  not  be  dismissed  without  being  allowed  the 
lawful  pension,  and  they  shall  not  be  transferred  without  retaining 
their  whole  previous  salary. 

Sec.  2.  This  pension  shall  not  be  diminished  or  withdrawn  except 
by  virtue  of  a  judicial  pronouncement. 

Sec.  3.  With  respect  to  military  persons,  special  provisions  shall 
be  made  by  law. 

Art.  110.  Government  service  and  courtier  service  shall  not  be 
combined  in  the  same  person. 

Art.  111.  Sec.  1.  As  to  the  rest,  the  conditions  of  the  Govern- 
ment service  shall  be  revised  by  special  laws  along  lines  of  popular 
reform. 

Sec.  2.  In  this  connection  particular  consideration  shall  be  given: 

To  the  diminution  of  the  departments,  bureaus,  and  officials; 

To  the  simplification  of  the  service  and  shortening  of  the  busi- 
ness routine; 

To  a  supervision^  of  the  service  hj  means  of  the  greatest  possible 
publicity  of  proceedings; 

To  the  alternation  of  officials  by  selection  among  the  people  in 
the  case  of  positions  suited  to  them. 

Sec.  3.  The  law  must  also  provide  for  the  following  matters  in 
particular : 

Prescribe  accurate  rules  regarding  pay,  pension,  the  conferring  of 
titles,  the  disciplinary  relations  of  officials,  and  the  means  of  enabling 
the  Stat«  Government  to  obtain  the  necessary  knowledge  regarding 
the  ability  and  worthiness  of  officials,  and  stipulate  that  no  report 
on  the  ability  and  worthiness  of  officials  shall  be  withheld  from  the 
interested  party  when  requested  by  him; 

Designate  the  subordinate  Government  offices  the  appointment  to 
which  takes  place  by  serving  notice,  though  these  should  be  reduced 
as  far  as  possible  in  number ; 

Establish  a  service,  court  to  try  the  cases  in  which  officials  have 
shown  themselves  incapable  or  unworthy  of  perfonning  their  duties. 
This  court  shall  be  formed  on  the  basis  of  equality  of  calling,  and 
shall  not  be  bound  by  positive  rules  of  evidence. 


CONSTITUTION   OF   OLDENBURG.  209 

PART  VIII. THE  DIET. 

1.  Organization  of  the  Assembly. 

Art.  112.  Sec.  1.  For  the  Grand  Duchy  there  is  a  Diet  united 
into  one  single  chamber. 

Sec.  2.  Besides  this,  in  each  of  the  principalities  of  Liibeck  and 
Birkenfeld  a  provincial  council  shall  be  organized  according  to  the 
outlines  embodied  in  Appendix  IV.^  The  more  particular  rules  re- 
garding the  sphere  of  activity  of  the  provincial  councils,  as  well  as 
regarding  their  election  and  their  conduct  of  business,  will  be  con- 
tained in  a  law  to  be  submitted  to  the  approval  of  the  Diet  to  be 
called  in  session  in  1852. 

Art.  113.2  The  Diet  shall  consist  of  deputies  chosen  at  general, 
direct,  and  secret  elections. 

Art.  114.  Sec.  1.  The  deputies  may  be  chosen  from  anywhere 
throughout  the  Grand  Duchy. 

Sec.  2.  The  number  of  them  shall  be  determined  by  law. 

Art.  115-.2  Every  male  German  shall  be  eligible  as  a  deputy  who  at 
the  time  of  the  election  has  attained  the  age  of  25  years  and  has  had 
his  residence  in  the  Grand  Duchy  for  at  least  three  years. 

Art.  116.2  The  following  are  ineligible: 

1.  Persons  who  are  under  guardianship; 

2.  Persons  against  whose  property  bankruptcy  proceedings  have 
been  begun,  during  the  continuance  of  the  proceedings ; 

3.  Persons  who  have  received  public  assistance  as  paupers,  or  who, 
within  the  last  year  preceding  the  holding  of  the  election,  have  re- 
ceived such  assistance  and  have  failed  to  repay  it  by  the  time  the  list 
of  electors  is  concluded; 

4.  Persons  who  have  been  deprived  of  their  civil  rights  of  honor  by 
a  valid  judgment; 

5.  Persons  who,  at  the  time  of  the  election,  are  under  police  surveil- 
lance or  are  under  arrest  pending  investigation  or  for  punishment, 
or  are  lodged  in  a  workhouse. 

Art.  117.  The  provisions  of  articles  115  and  116  apply  also  as  the 
general  requirements  for  the  exercise  of  the  right  of  suffrage  at  the 
elections  for  deputies. 

Art.  118.  Sec.  1.  The  electoral  law  shall  provide  more  particular 
rules  in  regard  to  the  mode  of  election,  the  right  to  vote,  and  the 
election  formalities. 

1  See  Appendices  I-IV,  not  taken  up  In  this  collection,  in  Zachariae,  loo.  cit.,  p.  939 
et  seq. 

2  Articles  113,  115,  116,  120,  124,  and  145  owe  their  present  wording  to  the  law  of 
April  17,  1909,  sec.  1. 

92975—19 14 


210  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Sec.  2.  The  electoral  laAv  does  not  form  a  part  of  the  Constitution, 
but  nevertheless  the  provision  of  article  137,  no.  2,  can  not  be  applied 
to  it. 

Art.  119.  Any  person  elected  deputy  may  decline  .the  election  or 
retire  at  any  time. 

Art.  120.^  Every  five  years  a  new  election  of  all  deputies  sh^ll  be 
held.    The  previous  deputies  may  be  reelected. 

The  five-year  term  of  office  is  calculated  from  the  beginning  of  the 
first  to  the  beginning  of  the  sixth  regular  Diet  following  the  election. 

Art.  121.  Sec.  1.  Officials  of  the  civil  or  military  service  and  school 
teachers  who  are  elected  as  deputies  require  official  leave  or  furlough, 
and  to  this  end  they  must  immediately  notify  their  superiors  of  their 
election  and  await  the  granting  of  the  leave. 

Sec.  2.  The  leave  shall  not  be  refused  unless  the  Diet  is  agreed  with 
the  State  Government  that  serious  service  considerations  stand  against 
the  admission  of  the  candidate-elect  to  the  Diet.  The  State  Govern- 
ment shall  at  once  communicate  to  the  Diet  any  objections  it  may 
have  in  this  line,  but  if  there  are  no  such  objections  the  leuve  should 
be  granted  in  due  time. 

Art.  122.  The  mandate  of  the  deputies  shall  be  extinguished^^ 

(1)  By  loss  of  any  of  the  qualities  necessary  in  order  to  be  eligible 
as  a  deputy  (article  115)  ; 

(2)  By  resignation,  as  soon  as  the  latter  has  been  received  in  writ- 
ing by  the  president  of  the  Diet,  or,  if  the  Diet  is  not  in  session,  by 
the  Ministry  of  State,  and  as  soon  as  the  date  specified  therein  has 
arrived ; 

(3)  By  the  acceptance  of  a  salaried  office,  though  the  retiring  dep- 
uty may  be  reelected; 

(4)  If  the  Assembly  resolves  to  exclude  a  member  on  the  basis  of 
the  standing  rules. 

Art.  123.  In  the  cases  contemplated  in  article  122,  or  if  a  deputy 
has  died  or  is  prevented  from  serving  for  a  longer' time  than  was 
considered  permissible  in  the  leave  granted  him,  the  State  Govern- 
ment shall  at  once  order  a  new  election,  unless  this  is  waived  by  con- 
sent of  the  Diet. 

Art.  124.^  The  qualification  of  the  deputies-elect  shall  devolve 
upon  the  Diet. 

Art.  125.  After  being  opened  by  the  Grand  Duke  (article  151),  the 
Diet  elects  from  its  midst  by  secret  ballot  a  president  and  one  or 
more  vice-presidents,  either  for  its  whole  period  or  for  a  shorter 
time. 

Art.  126.  To  attend  to  the  clerical  work,  the  Diet  appioints  one  or 
more  secretaries  for  the  length  of  i|i5  session,  either  from  among  its 

iCf.  note  to  article  113. 


CONSTITUTION   OF  OLDENBURG;  211 

own  members  or  from  three  other  persons  proposed  by  the  president. 
In  the  latter  case  the  secretary  receives  an  adequate  compensation. 

2.  Functions  of  the  Diet. 

Art.  127.  As  the  lawful  representative  of  all  the  citizens  and  of 
the  whole  country  in  general,  the  Diet  is  called  upon  to  enforce  their 
rights  based  on  the  Constitution  and  to  promote  the  welfare  of  the 
State  in  faithful  compliance  with  the  Constitution. 

Art.  128.  Sec.  1.  The  Diet  stands  in  direct  business  relations  only 
with  the  State  Government,  with  the  exception  of  communications 
between  it  and  the  State  Court  (article  201). 

Sec.  2.  It  is  entitled  to  demand  information  from  the  State  Govern- 
ment on  all  government  affairs. 

Art.  129,  Sec.  1.  In  voting,  the  deputies  shall  follow  only  their  own 
conscientious  convictions,  not  being  bound  to  obey  any  orders  or  in- 
structions of  any  kind  or  from  any  source. 

Sec.  2.  Each  individual  shall  cast  his  ballot  personally. 

Art.  130.  Sec.  1.  Upon  first  entering  the  Chamber,  each  member 

of  the  Diet  shall  take  the  following  oath : 

I  promise  fidelity  to  tlie  Grand  Diilve.  conscientidus  ol)servance  of  the  Con- 
stitution, and  th.Ml",  in  the  Diet.  I  will  defend  the  \veif:ire  of  the  State,  without 
subsidiary  considerations  and  accordinjj;  to  my  own  conscientious  convictions, 
in  my  motions  and  votes. "  So  lielp  me  God  ! 

Sec.  2.  This  oath  shall  be  administered  to  the  president  of  the  Diet, 
by  the  Grand  Duke,  or  by  the  members  of  the  Ministry  of  State 
designated  by  him,  and  to  the  other  members  of  the  Diet  by  the 
president  in  the  Assembly. 

Sec.  3.  If  a  former  deputy  comes  back  through  reelection,  he 
pledges  himself  to  his  previous  oath  by  joining  hands. 

Art.  131.  Sec.  1.  No  deputy  shall  be  taken  to  task  or  held  respon- 
sible for  his  utterances  in  the  Diet  otherwise  than  by  the  president  or 
by  the  Assembly. 

Sec.  2.  Owing  to  violation  of  a  penal  statute  through  such  utter- 
ances, judicial  proceedings  shall  not  be  instituted  unless  the  Diet  has 
■referred  the  case  to  the  court  for  trial  under  criminal  law. 

Sec.  3.  No  one  shall  be  held  responsible  for  his  vote. 

Art.  132.  During  the  session  of  the  Diet  and  during  the  journey 
thither  and  back,  the  Deputies  shall  not  be  arrested  for  crime  or 
misdemeanor  unless  caught  in  the  act  or  with  the  consent  of  the  Diet 
or  its  committee.  In  the  former  event  the  Diet  or  its  committee 
shall  be  notified  at  once  of  the  arrest. 

Art.  133.  Sec.  1.  The  Diet  has  a  right,  with  respect  to  all  State 
affairs,  especially  in  regard  to  any  defects  or  abuses  in  the  administra- 
tion of  the  Government  or  of  justice,  to  present  its  wishes,  recom- 


212  CONSTITUTTONS  OF   THE   GERMAN   STATES. 

mendations,  or  complaints  to  the  Ministry  of  State  or,  in  its  discre- 
tion, to  the  Grand  Duke  himself. 

Sec.  2.  When  complaints  are  found  to  be  well  warranted,  the 
wrongs  complained  of  shall  be  redressed  without  delay. 

Art.  134.  Sec.  1.  The  Diet  is  furthermore  entitled  to  receive  peti- 
tions or  complaints  from  private  individuals,  communes,  and  recog- 
nized organizations,  and  also  to  lay  them  before  the  State  Government 
for  proper  consideration,  provided  the  complaints  have  previously 
followed  the  course  of  lawful  appeal  up  to  the  highest  Government 
authority. 

Sec.  2.  In  regard  to  complaints,  the  rule  contained  in  article  133, 
section  2,  shall  apply,  and  the  result  of  the  petitions  recommended  to 
be  granted  shall  be  made  known  to  the  Diet. 

Art.  135.  Representations  of  any  kind  shall  be  made  to  the  Diet 
only  in  writing,  and  not  handed  to  the  Assembly  in  person  or  made 
to  it  orally. 

Art.  136.  A  law  may  be  enacted,  repealed,  amended,  or  authen- 
tically interpreted  by  the  Grand  Duke  only  with  the  advice  and  con- 
sent of  the  Diet. 

Art.  137.  The  consent  of  the  Diet  shall  not  be  required : 

(1)  In  decrees  for  the  enforcement  or  application  of  existing  laws; 

(2)  In  decrees  of  legal  significance  Avhich  are  urgent!}^  necessitated 
by  circumstances  and  neither  admit  of  postponement  until  the  next 
regular  Diet  nor  permit  of  the  calling  of  an  extra  session  of  the  Diet 
or  justify  such  an  act  by  their  importance,  and  furthermore  do  not 
embody  an  amendment  to  the  Constitution.  Decrees  of  this  kind 
must  be  countersigned  by  all  the  members  of  the  Ministry  of  State. 

If  the  urgency  of  the  matter  is  not  such  as  to  prevent,  the  perma- 
nent diet  committee,  or  at  least  those  members  thereof  who  reside 
in  the  province  in  which  the  State  Government  has  its  seat  at  the 
time,  should  be  asked  for  their  opinion.  ^ 

The  urgency  and  expediency  of  such  decrees  must  be  proved  to  the 
next  Diet.  If  the  Diet  entertains  scruples  about  granting  its  sanc- 
tion to  the  enacted  decree,  the  latter  shall  be  at  once  repealed. 

A  complaint  of  violation  of  the  Constitution  shall  not  be  precluded 
by  the  fact  that  the  Diet  Committee  has  rendered  a  favorable  opinion 
on  the  enacted  decree. 

Art.  138.  Proposed  legislation  is  transmitted  from  the  Grand  Duke 
to  the  Diet,  but  nevertheless  the  latter  also  has  a  right  to  suggest 
the  enactment  of  laws  and  to  introduce  legislative  measures. 

Art.  139.  A  declaration  entirely  rejecting  a  bill  or  suggesting 
amendments  thereto  must  embody  a  statement  of  reasons. 

Art.  140.  The  Grand  Duke  enacts  and  promulgates  the  laws  with 
an  express  reference  to  the  fact  that  they  have  received  the  sane- 


CONSTITUTION   OF   OLDENBURG.  213 

tion  of  the  Diet  or  else  to  the  circumstances  existing  as  per  article  137, 
no.  2. 

Art.  111..  Sec.  1.  Laws  and  decrees  are  binding  when  proclaimed  in 
legal  form. 

Sec.  2.  The  test  of  the  validity  of  laws  and  decrees  that  have  been 
duly  promulgated  belongs  solely  to  the  Diet  and  not  to  the  author- 
ities. 

Art.  142.  In  regard  to  measures  which  do  not  require  its  sanction, 
as  well  as  in  regard  to  the  principles  to  be  followed  in  connection 
with  contemplated  amendraents  to  legislation  in  general,  the  Diet 
may  express  its  opinion  at  the  instance  of  the  State  Government. 

Art.  143.  The  Diet  possesses  the  right  of  granting  supplies  (appro- 
priating funds)  in  accordance  with  the  rules  prescribed  in  Part  X. 

3.  Diet  and  conduct  of  business. 

Art.  144.  The  convocation  of  the  Diet  takes  place  by  virtue  of  a 
decree  of  the  Grand  Duke,  which  is  published  in  the  law  bulletins. 

Art.  145.^  A  regular  session  of  the  Diet  takes  place  every  year. 

Art.  146.  Sec.  1.  The  Diet  is  called  into  extra  session  for  the  pur- 
pose of  attending  to  particular  matters  of  legislation  or  otherwise. 

Sec.  2.  In  the  cases  mentioned  in  article  150,  section  2,  and  article 
198,  section  2,  the  Diet  shall  meet  in  extra  session  even  without  being 
called. 

Art.  147.  The  duratix)n  of  a  session  of  the  Diet  shall  always  be 
determined  in  the  order  of  convocation,  that  of  a  regular  session  not 
being  under  six  weeks,  though  this  shall  not  preclude  an  appropriate 
prolongation. 

Art.  148.  The  Grand  Duke  shall  have  the  right  of  suspending, 
closing,  and  dissolving  the  Diet. 

Art.  149.  A  suspension  may  take  place  only  for  a  maximum  of  six 
months,  and  only  once  without  the  consent  of  the  Diet. 

Art.  150.  Sec.  1.  After  a  dissolution  of  the  Diet  the  new  elections 
must  be  ordered  within  two  months.  The  Diet  must  be  convoked  on 
a  day  which  comes  within  the  three  months  following  the  day  set  for 
the  elections. 

Sec.  2.  If  any  one  of  these  requirements  fails  to  be  observed,  the 
members  of  the  dissolved  Diet  shall  be  reinstated  in  their  rights  until 
the  newly  elected  deputies  convene,  and  they  shall  meet  as  soon  as 
possible  without  a  call,  for  the  purpose  of  guarding  the  Constitution. 

Sec.  3.  The  newly  elected  Diet  shall  serve  out  the  term  (article 
120)2  of  the  dissolved  Diet. 

^  See  note  to  article  113. 

2  The  law  of  April  17,  1909,  sec.  2,  sul)stituted  a  reference  to  article  120  instead  of  the 
original  reference  to  article  145. 


214  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art  151.  The  Grand  Duke  shall  open  and  dismiss  the  Diet  either 
personally  or  through  an  agent  empowered  for  the  purpose. 

Art.  152.  The  Diet  shall  be  opened  after  the  qualification  of  the 
deputies  has  first  been  rectified,  and  as  soon  as  at  least  two-thirds 
of  them  are  present. 

Art.  153.  No  meeting  of  the  Diet  shall  take  place  at  any  time 
other  than  that  for  which  it  is  convoked  by  the  Grand  Duke  or  by 
virtue  of  the  law. 

Art.  154.  After  the  suspension,  final  adjournment,  or  dissolution 
of  the  Diet,  the  latter  shall  not  be  permitted  to  remain  assembled 
any  longer,  except  as  provided  by  article  167,  section  2. 

Art.  155.  The  Grand  Duke  may  appoint  plenipotentiaries  to  fur- 
nish the  Diet  the  necessary  information  and  explanations  in  case  the 
members  of  the  Ministry  of  State  fail  to  do  this  personally,  and  to 
facilitate  business  connections  in  general  with  the  State  Government. 

Art.  156.  The  members  of  the  Ministry  of  State  and  the  grand 
ducal  plenipotentiaries  are  entitled  to  attend  every  session  of  the 
Diet.  They  may  make  communications  to  it  at  any  time  before  the 
closing  of  the  debates,  and  up  to  that  time  they  must  always  be 
granted  the  floor,  provided  a  speech  already  begun  is  not  interrupted 
thereby. 

Art.  157.  Sec.  1.  The  sessions  of  the  Diet  are  public. 

Sec.  2.  They  shall  be  secret  in  the  following  exceptional  cases : 

(a)  If,  at  the  instance  of  the  State  Government  or  on  motion  of  a 
member  seconded  by  at  least  five  others  after  the  audience  has  been 
removed,  a  majority  of  the  deputies  present  decides  in  favor  of  an 
executive  session; 

(h)  In  case  of  proceedings  regarding  treaties  with  other  States^ 
which  are  submitted  to  the  Diet  for  its  sanction  or  ratification,  pro- 
vided the  State  Government  requests  secret  deliberations. 

Art.  158.  Sec.  1.  The  audience  shall  not  be  permitted  to  exer- 
cise any  influence  on  the  Assembly  or  on  the  course  of  the  proceed- 
ings, nor  to  indulge  in  applause  or  manifest  signs  of  disapproval. 

Sec.  2.  In  this  respect  the  president  shall  be  authorized  to  main- 
tain order  by  means  of  appropriate  measures,  if  necessary  removing 
the  audience. 

Art.  159.  At  least  two-thirds  of  the  deputies  are  required  to  be 
present  in  order  to  constitute  a  quorum. 

Art.  160.  Resolutions  of  the  Diet  shall  be  adopted  by  an  absolute 
majority  of  the  deputies  present,  except  where,  with  respect  to  elec- 
tions, the  standing  orders  provide  otherwise. 

Art.  161.  Sec.  1.  The  president  shall  always  vote  together  with 
the  remaining  deputies. 

Sec.  2.  If  the  first  ballot  results  in  a  tie,  the  vote  shall  be  repeated 
(at  the  next  session  if  the  president  deems  advisable),  and  if  the 


CONSTITUTION    OF   OLDENBURG.  215 

second  vote  likewise  fails  to  yield  a  majority  resolution,  the  motion 
being  voted  on  shall  be  considered  as  being  rejected. 

Art.  162.  Sec.  1.  The  minutes  drawn  up  in  regard  to  the  pro- 
ceedings shall  be  published  in  printed  form. 

Sec.  2.  The  minutes  of  secret  sessions  shall  not  be  printed  unless 
the  Diet  resolves  to  have  them  printed  with  the  consent  of  the  State 
Government. 

Art.  163.  As  soon  as  possible  after  the  adjournment  or  dissolu- 
tion of  each  Diet,  the  Grand  Duke  shall  publish  in  the  law  bulletin 
his  declaration  sanctioning  or  rejecting  its  propositions  which  have, 
up  till  then,  not  been  disposed  of,  and  this  in  an  order  proroguing  the 
Diet. 

Art.  161.  Sec.  1.  The  deputies  receive  compensation  for  their 
traveling  expenses  and  draw  per  diem  allowances,  which  they  shall 
not  be  permitted  to  refuse. 

Sec.  2.  The  deputies  who  reside  at  the  place  of  assembly  receive 
half  the  per  diem  pay. 

Art.  165.  Further  details  in  regard  to  the  conduct  of  business  in 
the  Diet,  and  in  regard  to  its  relations  in  this  connection  with  the 
State  Government,  will  be  embodied  in  the  standing  orders  to  be  is- 
sued by  way  of  legislation. 

lentil  such  rules  are  adopted,  the  standing  rules  of  the  immediately 
preceding  Diet  shall  apply. 

4-  Permanent  Diet  Committee. 

Art.  166.  The  provisions  regarding  the  permanent  Diet  Committee 
shall  be  applicable  as  long  as  the  three-year  term  for  the  regular  Diet 
exists  (article  145). 

Art.  167.  Sec.  1.  Every  regular  Diet  shall  choose  from  its  midst 
and  for  the  length  of  its  elective  term  a  permanent  committee  by  an 
absolute  majority  vote. 

Sec.  2.  If  the  selection  of  this  committee  has  not  taken  place  before 
the  close  of  the  Diet,  or  before  a  suspension  thereof,  it  must  at  the 
latest  take  place  on  the  day  following. 

Art.  168.  The  activity  of  the  committee  is  confined  to  the  period 
between  Diets. 

Art.  169.  The  committee  consists  of  a  chairman  and  five  deputies, 
three  from  the  Grand  Duchy  and  one  from  each  of  the  principalities. 

Art.  170.  The  chairman  of  the  committee  is  chosen  by  the  Diet 
from  among  deputies  of  the  Grand  Duchy  by  a  majority  vote. 

Art.  171.  Sec.  1.  In  case  of  the  loss  of  a  member  the  committee 
shall  supply  his  place  by  selecting  another  deputy,  keeping  in  view 
the  rules  laid  down  in  articles  169  and  170. 

Sec.  2.  If  the  chairman  dies  or  resigns,  the  oldest  of  the  members 
from  the  Duchy  assumes  his  duties  temporarily  and  causes  the  com- 
mittee to  select  a  new  chairman. 


216  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

Art.  172.  Sec.  1.  While  the  committee  is  assembled,  the  members 
thereof  have  the  same  rights  as  the  deputies  to  the  Diet  (articles,  119 
131,  132,  and  164). 

Sec.  2.  No  person  shall  be  permitted  to  decline  assignment  to  the 
committee  as  long  as  he  is  a  d^eputy. 

Sec.  3.  The  privileges  granted  by  articles  131  and  132  to  the  Diet 
and  its  president  shall  belong  also  to  the  committee  and  its  chairman. 

Sec.  4.  The  members  of  the  committee  do  not  require  leave  from 
service;  however,  the  chairman  of  the  committee  must  immediately 
notify  the  State  Government  of  the  appointment  of  one  of  the  officials 
mentioned  in  article  121. 

Art.  173.  Sec.  1.  The  committee  is  intended: 

(1)  To  prepare  various  matters  of  business  for  the  Diet  or  to  exe- 
cute them,  provided  it  is  instructed  so  to  do  by  the  Diet ; 

(2)  To  give  its  opinion  in  the  cases  contemplated  in  articles  137 
and  193,  as  well  as  in  pursuance  of  article  142 ; 

(3)  To  see  to  the  carrying  out  of  the  prorogations  of  the  Diet 
and  otherwise  to  guard  the  interests  of  the  Diet  in  accordance  with 
the  Constitution; 

(4)  To  propose  the  calling  of  an  extra  session  of  the  Diet,  stating 
reasons. 

Sec.  2.  In  regard  to  matters  falling  within  its  sphere  of  activity, 
it  may  at  any  time  request  necessary  information  from  the  State  Gov- 
ernment or  from  the  plenipotentiary  appointed  by  the  Government 
for  the  purpose. 

Art.  174.  Whether  a  personal  meeting  of  the  members  of  the  com- 
mittee is  required  to  attend  to  a  certain  business  or  whether  their 
written  declaration  will  suffice  is  left  to  the  decision  of  the  chairman 
(see  article  175,  sec.  2). 

Art.  175.  Sec.  1.  The  committee  meets  in  the  city  of  Olden- 
burg at  the  call  of  its  chairnian,  who  shall  each  time  give  notice  of 
the  fact  to  the  Ministry  of  State. 

Sec.  2.  A  request  by  the  Ministry  of  State  or  of  two  members  of 
the  committee  that  a  meeting  of  the  latter  be  called  must  always  be 
complied  with. 

Art.  176.  Sec.  1.  An  absolute  majority  of  the  votes  decides  in  the 
committee. 

Sec.  2.  The  chairman  has  a  vote  in  all  matters,  and  his  vote  shall 
be  decisive  in  case  of  a  tie. 

Art.  177.  Of  the  sessions  of  the  committee  only  those  shall  be  held 
publicly  in  which  the  chairman  deems  it  advisable.  Plenipotentiaries 
of  the  State  Government  (article  155)  may  be  delegated  to  attend  a 
public  session. 

Art.  178.  After  the  termination  of  its  work  the  committee  shall 
transmit  a  written  report  to  the  next  Diet  regarding  its  activity. 


CONSTITUTION    OF   OLDENBURG.  217 

PART  IX. GOVERNMENT  PROPERTY,  CROWN  PROPERTY,  AND  EMOLUMENTS 

DUE  THE  GRAND  DUKE  AND  THE  GRAND  DUCAL  HOUSE. 

Art.  179.  The  separation  of  the  domanial  property  into  Crown 
property  and  Government  property  was  effected  by  means  of  the 
agreement  concluded  between  the  Grand  Duke  and  the  Diet  on  Feb- 
ruary 5,  1849,  which  agreement  is  appended  to  this  Constitution  un- 
der no.  I  and  is  to  be  considered  as  an  essential  part  thereof. 

In  the  case  contemplated  in  section  9  of  this  appendix,  the  German 
Federal  authority  is  to  be  requested  instead  of  the  German  Imperial 
authority. 

Art.  180.  Sec.  1.  The  total  existing  Government  property  con- 
stitutes an  aggregate  estate  in  the  possession  of  the  undivided  Grand 
Duchy,  but  with  respect  to  the  burdens  and  taxes  connected  there- 
with and  with  respect  to  the  enjoyment  of  its  revenues  it  is  divided 
into  three  estates,  according  to  the  different  provinces. 

Sec.  2.  The  enjoyment  of  the  revenues  and  the  bearing  of  the 
burdens  and  taxes  connected  with  the  Government  domain  remain 
with  the  province  to  which  the  domain  belongs. 

Sec.  3.  The  domanial  property  (Government  and  Crown  domains) 
must  be  taken  into  account  in  determining  the  contribution  of  each 
of  these  three  divisions  of  the  country  toward  the  total  expenses  of 
the  Grand  Duchy  (article  195) ,  and,  when  the  Crown  property  is  elim- 
inated, the  assumed  average  revenue  from  the  eliminated  Crown  do- 
mains of  each  province  to  which  it  belongs  shall  be  taken  into  ac- 
count in  calculating  the  quota  of  the  province. 

Art.  181.  Sec.  1.  The  Government  domains  shall  be  preserved 
in  their  essential  component  parts  and  utilized  in  a  way  insuring  a 
permanent  revenue^  Deviations  from  this  principle,  alienations,  or 
incumbrance  with  debts  or  other  burdens  shall  be  permissible  with 
the  consent  of  the  Diet. 

Sec.  2.  This  consent  shall  not  be  required  for  lawful  redemptions, 
lawful  ejections,  or  the  alienation  of  occasional  pieces  of  land  for 
the  promotion  of  agriculture  or  industry,^  the  construction  of  houses 
or  the  due  removal  of  nuisances,  or  the  rectification  of  doubtful 
boundaries  in  the  interior. 

Sec.  3.  The  proceeds  from  redemption  and  alienation  shall  be 
placed  temporarily  at  interest.  In  order  to  employ  them  otherwise, 
it  is  necessary  to  obtain  the  permission  of  the  Diet. 

Art.  182.  The  Government  domain  is  administered  by  the  State 
financial  authorities. 

Art.  183.  The  revenues 'from  the  Government  domain  flow  into  the 
State  treasury  and  are  employed  solely  for  Government  expenditures. 

1  The  law  of  December  17,  1902,  article  1,  orders  the  insertion  of  the  words  "  or 
industry." 


218  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Art.  184.  Before  each  regular  session  of  the  Diet  shall  be  laid  the 
changes  which  have  occurred  meanwhile  in  the  composition  of  tlie 
Government  domain. 

Art.  185.  The  provisions  relating  to  the  Crown  domains  and  to 
the  emoluments  of  the  Grand  Duke  and  the  Grand  Ducal  House  are 
contained  in  Appendix  no.  I  (article  179). 

Art.  18C).  The  Grand  Duke  and  the  grand  ducal  family  shall  have 
free  disposal  of  their  private  property,  according  to  the  more  particu- 
lar provisions  of  the  family  law. 

The  private  landed  pro^Derty  of  the  Grand  Duchy  as  existing  on 
February  18,  1819,  is  described  in  Appendix  no.  II. 

PART  X. THE  GOVERNMENT  FINANCES. 

Art.  187.  Sec.  1.  Without  the  consent  of  the  Diet,  taxes  can  neither 
be  levied  nor  collected,  nor  can  loans  and  debts  be  validly  contracted, 

Sec.  2.  The  Diet  can  not  refuse  its  consent  to  the  continued  levy- 
ing of  taxes,  provided  they  are  necessary  for  the  conduct  of  the  Gov- 
ernment according  to  the  duties  of  the  Confederation  and  to  the  Con- 
stitution of  the  land  and  especially  for  the  meeting  of  the  expenses 
which  are  based  on  obligations  under  the  laws  of  the  Confederation 
or  the  Grand  Duchy  or  under  private  law. 

Art.  188.  The  appropriation  of  the  necessary  funds  must  not  be 
made  contingent  upon  any  conditions  or  presuppositions,  except  such 
as  concerrb  the  purpose  and  use  of  the  funds  or  the  extent  or  magni- 
tude of  the  need,  or  the  manner  of  distribution  and  collection,  or  the 
duration  of  the  taxes  or  performances  to  be  exacted. 

Art.  189.  Sec.  1.  All  the  receipts  and  expenditures  of  the  Gov- 
ernment must  be  estimated  in  advance. 

Sec.  2.  The  entire  needs  of  the  Government  are  determined  for 
each  financial  period  with  the  advice  and  consent  of  the  Diet. 

Sec.  3.  The  estimates  fixed  with  the  consent  of  the  Diet  constitute 
the  basis  for  the  budgetary  law  to  be  enacted. 

Art.  190.  Sec.  1.  Before  each  regular  Diet  shall  be  laid  the 
estimates  of  the  necessary  expenditures  for  the  next  ensuing  financial 
period  (a  calendar  year  ^)  and  of  the  funds  intended  to  meet  them. 

Sec.  2.  The  estimates  shall  be  prepared  with  the  greatest  possible 
completeness  and  accuracy  according  to  the  main  branches  of  admin- 
istration. 

Sec.  3.  They  must  particularly  demonstrate  the  need  of  the  esti- 
mated expenditures,  specify  the  mode  of  raising  the  funds,  and  be 
accompanied  by  the  corroborative  documents  and  explanations  neces- 
sary for  verification. 


*  The  law  of  December  17,  1002,  article  2,  introduces  the  one-year  Instead  of  the  three- 
year  period.     . 


CONSTITUTION   OF   OLDENBURG.  '  219 

Art.  191.  Sec.  1.  If,  after  the  expiration  of  an  appropriation 
period,  the  preparation  of  a  new  budgetary  hiw  is  delayed  for  some 
reason  or  other,  the  direct  taxes  levied  for  the  ordinary  needs  of  the 
Government  shall  continue  to  be  collected  for  six  months  longer. 
These  six  months  shall  be  included  in  the  new  financial  period. 

Sec.  2.  The  continued  collection  of  the  indirect  taxes  is  not  limited 
to  any  period.  However,  the  proceeds  therefrom  which  have  come 
in  after  the  expiration  of  the  aforementioned  six  months'  period  shall 
be  deposited  for  the  time  being  in  the  Government  treasuries,  and  no 
disposal  shall  be  made  thereof  without  the  consent  of  the  Diet. 

Sec.  3.  The  existing  taxes  shall  not  continue  to  be  collected  any 
longer  than  until  the  termination  of  the  next  Diet. 

Sec.  4.  If  the  Government  and  the  Diet  fail  to  agree  about  certain 
of  the  expenditures  mentioned  in  article  187,  section  2,  or  about  the 
means  required  for  meeting  them,  it  shall  be  permissible,  until  a 
decision  has  been  reached  according  to  article  209,  to  continue  to  col- 
lect the  taxes  levied  for  the  ordinary  needs  of  the  Government  dur- 
ing the  last  financial  period,  though  they  shall  be  used,  under  minis- 
terial responsibility,  only  for  the  purpose  of  covering  the  ordinary 
expenditures  designated  in  article  187,  section  2,  and  appropriated 
for  during  the  last  financial  period. 

Sec.  5.  If  a  decision  has  been  rendered  according  to  article  209  by 
the  concurring  court  of  arbitration  or  by  the  State  court,  it  shall  be 
binding  with  regard  to  the  expenditures  until  a  modifying  decision 
of  the  Federal  arbitration  court  has  been  rendered. 

Art.  192.  Sec.  1.  The  permanent  needs  of  the  military  estab- 
lishment and  for  the  salaries  and  operative  expenses  of  the  judicial 
and  administrative  service  shall  be  determined  by  rules  jointly  with 
the  Diet.  As  regards  the  needs  of  the  military  establishment,  this 
provision  shall  not  take  effect  until  a  definite  decision  has  been 
reached  regarding  the  composition  of  the  Oldenburg  Federal  con- 
tingent. 

Sec.  2.  Until  otherwise  arranged  between  the  State  Government 
and  the  Diet,  these  regulations  shall  serve  as  a  guide  for  the  ap- 
propriations made  by  the  Diet,  though  they  shall  be  subject  to 
revision  at  any  time  at  the  instance  of  the  Diet  and  shall  be  treated 
as  a  subject  of  legislation. 

Art.  193.  Sec.  1.  In  urgent  and  unforeseen  cases  the  State  Gov- 
ernment may,  under  the  conditions  and  anticipations  mentioned 
in  article  137,  no.  2,  provisionally  adopt  the  absolutely  necessary 
financial  measures  to  meet  an  extraordinary  exigency.  However, 
these  measures  must,  together  with  a  statement  of  the  sums  expended, 
be  laid  before  the  next  Diet  in  order  that  it  may  give  its  constitu- 
tional sanction  thereto. 


220  '        CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Sec.  2.  The  last  two  paragraphs  of  article  137  are  applicable  also 
in  this  connection. 

Art.  194.  The  remission  of  delinquent  domanial  revenues,  taxes, 
fees,  and  emoluments  in  individual  cases  is  left  to  the  discretion  of 
the  State  Government. 

Art.  195.  Sec.  1.  The  revenues  of  the  Duchy  of  Oldenburg, 
the  principality  of  Liibeck,  and  the  principality  of  Birkenfeld  are 
administered  separately  and  employed  only  for  the  expenses  of  the 
province  concerned. 

Sec.  2.  Until  further  notice  the  contributions  to  the  total  expendi- 
tures of  the  Grand  Duchy  shall  be  as  follows : 

Duchy  of  Oldenburg,  80  per  cent; 

Principality  of  Liibeck,  13  per  cent; 

Principality  of  Birkenfeld,  7  per  cent. 

Sec.  3.  Every  six  years  this  arrangement  of  quotas  shall  be  sub- 
jected to  a  reexamination  at  the  regular  session  of  the  Diet  then  to 
bo  called,  and  it  shall  be  reregulated  in  view  of  the  taxable  resources 
and  the  domanial  property  (article  180)  of  each  province  according  to 
the  experience  gained  meantime,  such  reregulation  taking  the  form  of 
legislation.  Until  that  time  the  quotas  provided  in  section  2  shall 
remain  in  force. 

Sec.  4.  The  total  expenditures  mentioned  in  the  foregoing  sec- 
tions shall  be  made  for  all  affairs  and  institutions  which  are  common 
to  the  three  provinces  of  the  Grand  Duchy,  to  wit: 

In  connection  with  (1)  the  relations  arising  from  the  joint  nature 
of  the  supreme  head  of  the  State,  especially  the  emoluments  of  the 
Grand  Duke;  (2)  the  relation  to  the  German  Confederation  and 
representation  abroad;  (3)  the  Diet,  the  permanent  Diet  Committee, 
and  the  provincial  councils,  unless  the  latter  are  called  together  at 
their  own  instance;  (4)  the  State  Court;  (5)  the  Ministry  of  State; 
(6)  the  general  archives  of  the  land;  (7)  the  authorities  making  ex- 
aminations for  the  State  service;  (8)  the  supreme  joint  court  of  the 
land;  (9)  matters  connected  with  war;  (10)  the  widows'  fund;  (11) 
the  administration  of  the  collective  debts  of  the  Grand  Duchy;  , 
(12)  those  matters  which  are,  moreover,  declared  by  law  to  be  joint 
in  nature. 

Art.  196.  Sec.  1.  The  Diet  and  the  Diet  Committee  supervise 
the  collection  and  employment,  according  to  regulation,  of  the  Gov- 
ernment revenues  within  the  limits  set  by  the  financial  law,  for  the 
observance  of  which  limits  the  Ministry  of  State  is  responsible,  even 
to  the  extent  of  seeing  that  savings  effected  under  one  expenditure 
head  are  not  employed  under  another  head. 

Sec.  2.  To  this  end  the  accounts  of  the  main  treasuries  and  of  the 
subsidiary  treasuries  belonging  thereto,  which  have  been  rendered 
up  to  the  time  the  estimates  are  taken  up  and  which  have  been  audited 


CONSTITUTION   OF   OLDENBUEG.  221 

by  the  Government  shall,  together  Avith  the  necessary  vouchers  and 
explanations,  be  presented  to  each  regular  Diet  in  company  with  the 
estimates. 

PART    XI. GUARANTEE    OF    THE    CONSTITUTION. 

Art.  197.  Sec.  1.  In  case  of  a  vacancy  in  the  Government,  the 
successor  to  the  Government  shall  take  his  position  as  head  of  the 
Grand  Ducal  Government  by  virtue  of  a  patent  in  which  he  promises 
under  oath: 

To  uphold  the  Constitution  inviolably  and  to  govern  in  accordance  with  the 
provisions  of  the  Constitution  and  with  the  laws. 

Sec.  2.  The  same  rule  applies  to  the  regent  in  assuming  the  regency. 

Sec.  3.  Until  such  a  patent  is  issued,  the  Government  adminis- 
tration will  be  attended  to  by  the  Ministry  of  State  existing  at  the 
time  of  the  vacancy,  under  constitutional  responsibility. 

Sec.  4.  The  original  patent,  bearing  the  signature  of  the  suc- 
cessor to  the  Government  or  of  the  regent,  as  well  as  the  Government 
seal,  shall  be  filed  in  the  archives  of  the  Diet. 

Art.  198.  Sec.  1.  The  Assembled  Diet  shall  then  take  an  oath 
of  allegiance  to  the  successor  to  the  Government,  whereby  at  the  same 
time  his  constitutional  accession  to  the  Government  is  recognized. 

Sec.  2.  If  the  Diet  is  not  assembled  when  the  vacancy  in  the  Gov- 
ernment occurs,  the  Diet  w^hich  was  last  assembled  convenes  on  the 
fourteenth  day  after  the  occurrence  of  the  vacancy,  even  without  a  call. 

Sec.  3.  The  Diet  shall  not  be  suspended,  adjourned,  or  dissolved 
against  its  will  within  four  weeks  after  the  occurrence  of  a  vacancy 
in  the  Government  or  after  its  assembly. 

Art.  199.  In  the  oath  of  service  of  civil  Government  officials  the 
oath  shall  be  taken  on  the  Constitution. 

Art;  200.  Sec.  1.  The  Diet  is  authorized  to  impeach  the  mem- 
bers of  the  Ministry  of  State  who  have  become  guilty : 

a.  Of  a  violation  of  the  Constitution,  purposely  or  through  gross 
negligence,  whether  by  act,  omission,  or  mere  permission ; 

h.  Of  high  treason,  abuse  of  their  office  in  order  to  commit  a  com- 
mon-law crime,  bribery,  breach  of  official  faith,  violation  of  their 
official  duties  with  the  intention  of  securing  their  own  advantage 
or  with  the  intention  of  injuring  the  State  or  individual  citizens 
thereof. 

Sec.  2.  In  order  that  a  resolution  to  make  such  an  impeachment 
may  be  valid,  it  must  be  repeated  at  a  second  session  held  at  least  a 
week  after  the  first  vote. 

Art.  201.  As  long  as  a  general  German  court  for  this  purpose  is 
lacking,  a  special  State  court  shall  act.  The  provisions  regarding 
its  organization  and  procedure  are  contained  in  Appendix  III. 

Art.  202.  The  competency  of  the  State  court  extends  also  to  the 
accomplices. 


'222  CONSTITUTIOlSrS  OF   THE   GERMAN   STATES. 

Art.  203.  The  Diet  may  waive  its  right  of  impeachment  and  may 
at  any  time  drop  a  charge  that  has  been  ah-eady  preferred. 

Art.  204.  The  right  to  prefer  a  charge  becomes  barred  in  four 
years  from  the  date  when  the  fact  on  which  the  charge  is  based 
became  known  to  the  Diet. 

Art.  205.  Sec.  1.  A  law  to  be  submitted  to  one  of  the  Diets  of  the 
near  future  will  embody  the  necessary  provisions  relating  to  the 
penalties  to  be  imposed  by  the  State  court.  Until  then  the  State 
court  shall — 

(1)  Impose  dismissal  from  the  service  as  the  penalty  for  a  viola- 
tion of  the  Constitution; 

(2)  Impose  the  legal  penalty  for  any  other  official  crime  or  mis- 
'demeanor  purposely  committed;  and  if  the  accusation  comprises  a 
common-law  crime  or  misdemeanor  coexisting  with  the  main  charge 
of  the  complaint,  also  the  legal  penalty  therefor ; 

(3)  Sentence  the  guilty  party  to  payment  of  costs. 

Sec.  2.  Any  claims  for  damages  shall  be  decided  by  the  ordinary 
courts. 

Art.  206.  In  cases  in  Avhich  the  charge  is  not  solely  a  violation  of 
the  Constitution,  the  State  court  shall  be  authorized  to  decree  the 
temporary  removal  of  the  accused  from  the  service,  provided  there 
is  certainty  or  strong  probability  of  a  crime  or  misdemeanor  of  a 
dishonoring  nature  in  popular  opinion. 

Art.  207.  Sec.  1.  The  sentence  shall  either  be  a  conviction  or  an. 
acquittal,  a  dismissal  from  trial  not  being  permissible. 

Sec.  2.  Until  the  law  referred  to  in  article  205  exists,  the  court 
may,  in  rendering  judgment,  release  the  accused  wholly  or  partially 
from  payment  of  costs,  and  it  may  also  order  the  allowance  of  a 
pension  of  stipulated  amoimt,  though  the  pension  shall  not  exceed 
half  the  salary. 

Art.  208.  Sec.  1.  The  Diet  has  the  authority  to  order  a  judicial  in- 
vestigation against  other  officials  not  belonging  to  the  Ministry  of 
State  on  account  of  violation  of  the  Constitution  and,  until  the  law 
contemplated  in  article  111  has  been  enacted,  also  on  account  of 
another  official  crime  or  misdemeanor,  the  request  for  the  investiga- 
tion being  presented  to  the  Ministry  of  State.  The  latter  shall  im- 
mediately communicate  the  request  to  the  competent  court,  notifjdng 
the  Diet  that  this  has  been  done  and  how  it  has  been  done. 

Sec.  2.  The  permanent  Diet  Committee  has  the  same  privilege. 

Art.  209.  If  a  difference  of  opinion  exists  between  the  State  Gov- 
ernment and  the  Diet  as  to  the  interpretation  of  the  Constitution 
or  as  to  the  limits  of  the  cooperation  of  the  Diet  under  the  Consti- 
tution, and  if  an  understanding  fails  to  be  reached,  the  question 
shall,  at  the  instance  either  of  the  State  Government  or  of  the  Diet,, 
be  settled  by  a  united  court  of  arbitration  or  by  the  State  court 
as  a  court  of  arbitration,  and,  in  case  the  State  Government  or  the 


CONSTITUTION   OF   OLDENBURG.  223 

Diet  do  not  wish  to  abide  by  the  decision  of  the  arbitration  court,  then 
by  the  German  Federal  Arbitration  Court  in  last  instance. 

Art.  210.  Sec.  1.  Each  party  3hall  present  a  written  statement  of 
its  case  to  the  court  of  arbitration,  which  statement  shall  be  mu- 
tually communicated  by  the  parties  to  each  other  and  answered  in 
a  second  document^  all  within  the  periods  to  be  fixed  by  the  court  of 
arbitration. 

Sec.  2.  The  procedure  before  the  Federal  Arbitration  Court  shall 
be  governed  by  the  forms  established  by  the  German  Confederation. 

Art.  211.  The  award  rendered  by  the  arbitration  court  shall  be 
publicly  made  known  and  then  have  the  force  of  an  authentic  in- 
terpretation or  of  a  valid  judgment. 

Art.  212.  Sec.  1.  A  resolution  of  the  Diet  proposing  or  sanctioning 
a  modification  of  or  an  addition  to  the  Constitution  shall  require — 

(1)  To  be  adopted  at  two  successive  Diets  between  which  an  elec- 
tion of  deputies  has  taken  place; 

(2)  That  the  date  of  voting  shall  have  each  time  been  announced 
eight  days  in  advance ; 

(3)  That  at  least  three- fourths  of  the  deputies  assembled  shall 
take  part  in  the  vote. 

Sec.  2.  This  article  shall  not  be  applicable  to  those  provisions 
whose  amendment  is  reserved  to  legislation  in  this  Constitution. 

PART   XII. GENERAL  PROVISIONS. 

Art.  213.  Feudal  tenure,  entailed  estates,  and  ancestral  domains 
{Stammgilter)  are  abolished. 

Art.  214.  The  keeping  of  the  records  of  marriages,  births,  and 
•deaths  (registers  of  civil  status)  shall  be  reorganized. 

Art.  215.  The  introduction  of  the  notarial  system,  the  improve- 
ment of  matters  relating  to  guardianship,  particularly  by  partici- 
pation of  the  family,  and  the  improvement  of  conditions  connected 
with  mortgages  in  accordance  with  the  principle  of  specialty,  as  well 
as  the  improvement  of  the  pauper  regulations,  shall  be  provided  for 
by  legislation. 

Art.  216.  Sec.  1.  The  property  and  income  of  institutions,  founda- 
tions, and  funds  existing  for  purposes  of  education  or  charity  shall 
not  be  employed  for  purposes  other  than  those  specified  in  the  charter. 

Sec.  2.  Only  in  case  it  is  no  longer  possible  to  attain  the  purpose 
specified  in  the  charter  shall  it  be  permissible  to  utilize  the  property 
and  income  for  other  similar  purposes  with  the  consent  of  the  inter- 
.ested  parties  and,  as  far  as  Government  institutions  are  concerned, 
'with  the  sanction  of  the  Diet. 

Art.  217.  The  organizations  which  have  hitherto  been  independent 
of  the  existing  political  communes  and  whose  legal  reorganization  is 
necessary,  particularly  hydraulic-construction  associations,  shall  be 


224  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

regulated  by  law,  as  far  as  possible  according  to  the  principles  in 
force  with  respect  to  the  political  communes.  Cooperation  shall  be 
given  to  the  hydraulic-construction  associations  in  the  appointment 
of  their  officials. 

Art.  218.  Sec.  1.  The  conditions  of  the  marks  and  of  the  mark 
associations  in  the  counties  of  Yechta  and  Cloppenburg  shall  be  regu- 
lated anew  by  a  law  to  be  submitted  to  the  next  Diet.    • 

Sec.  "2.  The  right  hitherto  exercised  by  the  State,  by  the  lord  of 
the  manor,  or  by  the  mark  judge  of  appropriating  to  themselves  the 
so-called  tertia  marcalis — that  is,  a  third  of  the  areas  of  the  marks,  in 
the  case  of  the  mark  lands  in  the  former  Miinster  counties,  and  like- 
wise the  traditional  claims  of  the  mark  judges  to  the  soil  in  the 
marks  formerly  under  Hanoverian  dominion — shall  be  abolished  by 
law  and  the  detailed  legal  regulations  regarding  their  employment 
shall  be  adopted,  taking  into  special  consideration  the  landowners 
not  having  mark  privileges  and  the  non-landowners. 

Sec.  3.  Until  such  a  law  is  enacted  the  existing  conditions,  espe- 
cially the  mark  privileges  referred  to,  shall  remain  in  force  to  the 
extent  to  which  they  are  at  present  exercised. 

Art.  219.  For  the  sake  of  rendering  uncultivated  areas  utilizable, 
and  particularly  for  the  purpose  of  facilitating  the  acquisition  of 
land  by  persons  without  means,  an  office  shall  be  created  which  for 
the  Duchy  of  Oldenburg  will  be  directly  subordinated  to  the  Ministry 
of  State. 

This  office  shall  be  intrusted  with  the  management  of  the  institu- 
tions and  establishments  which  have  been  created  for  this  purpose 
by  the  State.  The  laAv  shall  specify  to  what  extent  the  office  is  to 
have  charge  of  the  allotments  of  the  uncultivated  areas  belonging 
to  the  State.  It  shall  also  be  enabled  to  afford  adequate  assistance  to 
cultivators  from  Government  funds. 

Art.  220.  Pending  the  enactment  of  the  laws  which  are  necessary 
or  are  already  contemplated  for  the  enforcement  of  the  principles 
set  forth  in  the  Constitution,  the  existing  rules,  founded  on  law  and 
tradition,  shall  remain  in  force,  except  in  so  far  as  they  may  be  con- 
trary to  the  provisions  of  the  Constitution. 

Art.  221.  Provision  shall  be  made  for  the  broadest  possible  dis- 
semination of  the  knowledge  of  the  Constitution. 

The  following  appendices  are  added: 

I.  Agreement  between  the  Grand  Duke  and  the  Diet  in  regard  to 
the  domanial  property. 

II.  List  of  the  interior  tracts  of  land  belonging  to  the  private 
domain  of  the  Grand  Duke. 

III.  The  establishment  and  procedure  of  the  State  court. 

IV.  The  provincial  council. 


PRUSSIA/ 

CONSTITUTION  OF  JANUARY  31,  1860. 
[Preamble.] 

We,  Friedrich  Wilhelm,  by  grace  of  God,  King  of  Prussia,  etc.y 
hereby  declare  and  make  known  that,  whereas  the  Constitution  of  the 
Prussian  State,  promulgated  by  us  on  the  fifth  of  December,  1848^ 
subject  to  revision  by  the  ordinary  process  of  legislation,  and  accepted 
by  both  chambers  of  our  Kingdom,  has  been  submitted  to  the  pre- 
scribed revision,  we  have  finally  established  the  provisions  of  that 
Constitution  in  agreement  with  both  Chambers. 

We  therefore  promulgate  the  same  as  a  fundamental  law  of  tha 
State,  as  follows : 

Title  I. — The  tenntory  of  the  State. 

'  Article  1.  All  parts  of  the  monarchy  in  its  present  extent  form  the 
territory  of  the  Prussian  State. 

Art.  2.  The  boundaries  of  this  territory  can  only  be  altered  by  law. 

Title  II. — The  rights  of  Prvssians. 

Art.  3.  The  Constitution  and  the  law  determine  under  what  condi- 
tions the  quality  and  rights  of  a  Prussian  citizen  may  be  acquired,, 
exercised,  or  forfeited. 

Art.  4.  All  Prussians  shall  be  equal  before  the  law.  Class  privi- 
leges shall  not  be  permitted.  Public  offices,  subject  to  the  conditions 
imposed  by  law,  shall  be  uniformly  open  to  all  who  are  competent  ta 
hold  them. 

Art.  5.  Personal  freedom  is  guaranteed.  The  forms  and  condi- 
tions under  which  any  limitation  thereof,  especially  arrest,  shall  be 
permissible,  shall  be  determined  by  law. 

Art.  6.  The  domicile  shall  be  inviolable.  Intrusion  and  search- 
therein,  as  well  as  the  seizing  of  letters  and  papers,  shall  be  allowed 
only  in  the  manner  and  in  the  cases  prescribed  by  law. 

Art.  7.  No  one  shall  be  deprived  of  his  lawful  judge.  Exceptional 
tribunals  and  extraordinary  commissions  shall  not  be  permitted. 

Art.  8.  Punishments  shall  not  be  prescribed  or. inflicted  except 
according  to  law\ 

^  In  preparing  this  text  use  has  been  ma<le  of  the  translation  which  appeared  in  the 
Annals  of  the  American  Academy  of  Political  and  Social  Science^  September,  1894.  The 
latter  has  been  revised  and  brought  up  to  date  by  a  comparison  with  Posener,  Die 
Staatsverfassungen  des  Erdballs  (1909),  and  Stoerk-Rauchhaupt,  Handbuch  der  Deutachem 
Verfasaungen  (1913). 

92975—19 15  225 


226  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Art.  9.  Property  is  inviolable.  It  shall  only  be  taken  or  interfered 
with  from  considerations  of  public  weal,  and  then  only  in  a  manner 
to  be  prescribed  by  law  and  in  return  for  a  compensation  to  be  pre- 
viously determined.  Even  in  urgent  cases  a  preliminary  valuation 
and  compensation  shall  be  made. 

Art.  10.  Civil  death  and  confiscation  of  property  as  punishment 
shall  not  be  permitted. 

Art.  11.  Freedom  of  emigration  can  only  be  limited  by  the  State, 
with  view  to  military  service.    Migration  fees  shall  not  be  levied. 

Art.  12.  Freedom  of  religious  confession,  or  association  in  re- 
ligious societies  (articles  30  and  31),  and  of  the  common  exercise  of 
religion  in  private  and  public  is  guaranteed.  The  enjoyment  of  civil 
and  political  rights  shall  not  be  dependent  upon  religious  belief.  But 
the  exercise  of  religious  liberty  shall  not  be  permitted  to  interfere 
with  the  civil  or  political  duties  of  the  citizen. 

Art.  13.  Religious  and  ecclesiastical  associations  which  have  no 
corporate  rights  can  only  acquire  those  rights  by  special  laws. 

Art.  14.  The  Christian  religion  shall  be  taken  as  the  basis  of  those 
State  institutions  which  are  connected  with  the  exercise  of  religion 
without  prejudice  to  the  religious  liberty  guaranteed  by  article  12. 

Arts.  15,  16,  and  18.  [Repealed  June  18,  1875.] 

Art.  17.  A  special  law  shall  be  enacted  relating  to  church  patronage 
and  to  the  conditions  on  which  it  may  be  abolished. 

Art.  19.  Civil  marriage  shall  be  introduced  in  accordance  with  a 
special  law,  which  shall  also  regulate  the  keeping  of  a  civil  register. 

Art.  20.  Science  and  its  teachings  shall  be  free. 

Art.  21.  The  education  of  youth  shall  be  adequately  provided  for 
by  public  schools.  Parents  and  their  representatives  shall  not  leave 
their  children  or  wards  without  that  education  prescribed  in  the 
public  elementary  schools  {V olksschulen) . 

Art.  22.  Everyone  shall  be  at  liberty  to  give  instruction  and  estab- 
lish institutions  of  learning,  provided  he  shall  have  given  proof  to 
the  proper  State  authorities  of  his  moral,  scientific,  and  technical 
fitness. 

Art.  23.  All  public  and  private  educational  institutions  shall  be 
under  the  supervision  of  authorities  appointed  by  the  State.  Teach- 
ers in  the  public  schools  shall  have  the  rights  and  duties  of  public 
officials. 

Art.  24.  In  the  establishment  of  public  elementary  schools  con- 
fessional differences  shall  be  considered  as  far  as  possible. 

Religious  instruction  in  the  elementary  schools  shall  be  superin- 
tended by  the  religious  organizations  concerned. 

The  charge  of  the  external  affairs  of  the  elementary  schools  shall 
belong  to  the  community  (GeTneinde).  With  the  statutory  coopera- 
tion of  the  community  in  the  manner  and  to  the  extent  determined  by 


CONSTITUTION    OF   PRUSSIA.  227 

law,  the  State  shall  appoint  the  teachers  in  the  public  elementary 
schools  from  the  number  of  those  qualified. 

Art.  25.  The  means  for  establishing,  maintaining,  and  enlarging 
the  public  elementary  schools  shall  be  provided  by  the  communities, 
which  shall,  however,  be  assisted  by  the  State  in  proven  cases  of 
pecuniary  inability  on  the  part  of  the  community.  The  obligations 
of  third  parties,  based  on  special  legal  titles,  shall  not  be  impaired. 

The  State  shall  accordingly  guarantee  to  teachers  in  the  elementary 
schools  a  steady  income  suitable  to  local  circumstances. 

In  public  elementary  schools  education  shall  be  imparted  free  of 
charge. 

Art.  26.  A  special  law  shall  regulate  all  matters  of  education. 
Until  another  statutory  regulation  is  enacted  the  present  law  in 
regard  to  all  matters  of  education  shall  remain  in  effect. 

Art.  27.  Every  Prussian  shall  be  entitled  to  express  his  opinion 
freel}^  by  word,  writing,  print,  or  pictorial  representation. 

Censorship  of  the  press  may  not  be  introduced;  and  no  other  re- 
striction on  the  freedom  of  the  press  shall  be  imposed  except  by  law. 

Art.  28.  Offenses  committed  by  word,  writing,  print,  or  pictorial 
representation  shall  be  punished  in  accordance  with  the  general  penal 
code. 

Art.  29.  All  Prussians  shall  be  entitled  to  meet  in  closed  rooms, 
peacefully  and  unarmed,  without  previous  permission  from  the  au- 
thorities. 

But  this  provision  does  not  apply  to  open-air  meetings,  which  shall 
be  subject  to  whatever  restrictions  the  law  may  prescribe,  even  with 
respect  to  previous  permission  from  the  authorities. 

Art.  30.  All  Prussians  shall  have  the  right  to  form  associations  for 
such  purposes  as  do  not  contravene  the  penal  laws. 

The  law  shall  regulate  with  special  regard  to  insuring  the  public 
security  the  exercise  of  the  right  guaranteed  by  this  and  the  preced- 
ing article  (29). 

Political  associations  may  be  subjected  by  law  to  restrictions  and 
temporary  prohibitions. 

Art.  31.  The  law  shall  determine  the  conditions  on  which  corporate 
rights  may  be  granted  or  refused. 

Art.  32.  The  right  of  petition  shall  belong  to  all  Prussians.  Peti- 
tions under  a  collective  name  shall  be  permitted  only  to  public  author- 
ities and  corporations. 

Art.  33.  The  privacy  of  the  mails  shall  be  inviolable.  The  neces- 
sary restrictions  of  this  right,  in  cases  of  war  and  of  criminal  investi- 
gation, shall  be  determined  by  law. 

Art.  34.  All  Prussians  are  bound  to  military  service.  The  extent 
and  character  of  this  duty  shall  be  determined  by  law. 


228  CONSTITUTIONS   OF    THE   GERMAN    STATUES. 

Art.  35.  The  army  shall  include  all  divisions  of  the  standing  army 
and  the  militia  {Landwehr) .  In  the  event  of  war  the  King  can  call 
out  the  reserve  militia  {Landsturm)  in  accordance  wth  the  law. 

Art.  36.  The  military  power  can  only  be  employed  for  the  sup- 
pression of  internal  troubles  and  the  execution  of  the  laws  in  the 
cases  and  manner  specified  by  statute  and  on  the  requisition  of  the 
civil  authorities.  In  the  latter  respect  exceptions  may  be  made  by 
law.  * 

Art.  37.  The  court-martial  of  the  army  shall  be  restricted  to  penal 
matters  and  shall  be  regulated  by  law.  Provisions  with  regard  to 
military  discipline  shall  remain  the  subject  of  special  ordinances. 

Art.  38.  The  military  forces  shall  not  deliberate,  whether  in  active 
service  or  not;  nor  shall  they  otherwise  assemble  than  when  com- 
manded to  do  so.  Thus,  assemblies  and  meetings  of  the  militia 
{Landwehr)  for  the  purpose  of  discussing  military  arrangements, 
commands,  and  ordinances,  are  forbidden,  even  when  they  are  not  in 
active  service. 

Art.  39.  The  provisions  of  articles  5,  6,  29,  30,  and  32  shall  apply 
to  the  army  only  in  so  far  as  they  do  not  conflict  with  military  laws 
and  rules  of  discipline. 

Art.  40.  [As  amended  by  law  of  June  5,  1852.]  The  establish- 
ment of  feudal  tenures  is  forbidden. 

The  feudal  bond  {Lehnsverhand)  still  existing  with  respect  t<3 
surviving  fiefs  shall  be  dissolved  by  law. 

Art.  41.  [As  amended  by  law  of  June  5,  1852.]  The  provisions 
of  article  40  do  not  apply  to  Crown  fiefs  or  to  fiefs  situated  in  other 
countries. 

Art.  42.  [As  amended  April  14, 1856.]  In  accordance  with  special 
laws  already  passed,  the  following  are  abolished  without  compensa- 
tion : 

(1)  The  right  to  exercise  or  delegate  judicial  power  connected 
with  the  possession  of  certain  lands,  together  with  the  fees  and  exemp- 
tions accruing  from  this  right; 

(2)  The  obligations  arising  from  manorial  or  patriarchial  juris- 
diction, from  serfage,  and  from  former  tax  and  industrial  organiza- 
tions.    {Steuer-  und  Gewerhe-Verfassung.) 

With  these  rights  are  also  abolished  the  counter-services  and  bur- 
dens devolving  upon  those  enjoying  these  rights. 

Title  111,— The  King. 

Art.  43.  The  person  of  the  King  shall  be  inviolable. 

Art.  44.  The  King's  ministers  shall  be  responsible.  All  official  acts 
of  the  King  shall  require  for  their  validity  the  counter-signature  of  a 
minister,  who  shall  thereby  assume  responsibility  for  them. 


CONSTITUTION   OF  PRUSSIA.  229 

Art.  45.  The  executive  power  shall  belong  to  the  King  alone.  He 
shall  appoint  and  dismiss  the  ministers.  He  shall  order  the  promul- 
gation of  the  laws  and  issue  the  necessary  ordinances  for  their 
execution. 

Art.  46.  The  King  shall  be  commander-in-chief  of  the  army. 

Art.  47.  The  King  shall  fill  all  posts  in  the  army,  as  well  as  in  other 
branches  of  the  public  service,  in  so  far  as  it  is  not  otherwise  ordained 
by  law. 

Art.  48.  The  King  shall  have  power  to  declare  war  and  make  peace 
and  to  conclude  other  treaties  with  foreign  governments.  The  latter 
require  for  their  validity  the  assent  of  the  Chambers  in  so  far  as  they 
are  commercial  treaties  or  impose  burdens  on  the  State  or  obliga- 
tions on  the  individual  subjects. 

Art.  49.  The  King  shall  have  power  to  pardon  and  to  mitigate 
punishment. 

But  in  favor  of  a  minister  condemned  for  his  official  acts,  this 
right  can  only  be  exercised  on  the  motion  of  that  Chamber  whence  his 
impeachment  emanated. 

Only  in  virtue  of  a  special  law  can  the  King  suppress  inquiries 
already  instituted. 

A}{T.  50.  The  King  may  confer  orders  and  other  distinctions,  so 
far  as  they  do  not  carry  privileges  with  them. 

He  shall  exercise  the  right  of  coinage  in  accordance  with  the  law. 

Art.  51.  The  King  shall  convoke  the  Chambers  and  close  their 
sessions.  He  may  dissolve  the  two  Chambers  together  or  either  one. 
In  such  a  case,  however,  the  electors  shall  be  assembled  within  a  period 
of  60  days,  and  the  Chambers  summoned  within  a  period  of  90  days, 
respectively,  after  the  dissolution. 

Art.  52.  The  King  shall  have  power  to  adjourn  the  Chambers. 
But  without  their  assent  this  adjournment  may  not  exceed  a  period 
of  thirty  days  nor  be  repeated  during  the  same  session. 

Art.  53.  The  Crown  is,  in  accordance  with  the  laws  of  the  royal 
family,  hereditary  in  the  male  line  of  that  house  following  the  law 
of  30  days,  nor  be  repeated  during  the  same  session. 

Art.  54.  The  King  shall  attain  his  majority  on  completing  his 
eighteenth  year. 

In  presence  of  the  united  Chambers  he  shall  take  the  oath  to  observe 
the  Constitution  of  the  monarchy  steadfastly  and  inviolably  and  to 
rule  in  accordance  with  it  and  the  laws. 

Art.  55.  Without  the  consent  of  both  Chambers  the  King  can  not 
also  be  ruler  of  foreign  realms. 

Art.  56.  If  the  King  is  a  minor  or  is  otherwise  permanently  pre- 
vented from  ruling  himself,  the  regency  shall  be  undertaken  by  that 
agnate  (article  53)  who  has  attained  his  majority  and  stands  next  in 
succession  to  the  Crown.    He  shall  immediately  convoke  the  Cham- 


230  CONSTITUTIONS  OP   THE   GERMAN   STATES. 

bers,  which,  in  united  session,  shall  decide  as  to  the  necessity  of  the 
regency. 

Art.  57.  If  there  be  no  agnate  of  age,  and  if  no  legal  provision  has 
previously  been  made  for  such  a  contingency,  the  Ministry  of  State 
shall  convoke  the  Chambers,  which  shall  then  elect  a  regent  in  joint 
session ;  and  until  the  assumption  of  the  regency  by  him  the  Ministry 
of  State  shall  conduct  the  Government. 

Art.  58.  The  regent  shall  exercise  the  powers  vested  in  the  King 
in  the  name  of  the  latter.  After  the  establishment  of  the  regency  he 
shall  take  the  oath  before  the  Chambers  in  joint  session  to  observe 
the  Constitution  of  the  monarchy  steadfastly  and  inviolably,  and  to 
rule  in  accordance  with  it  and  the  laws. 

Until  this  oath  is  taken  the  whole  Ministry  of  State  for  the  time 
being  shall  remain  responsible  for  all  acts  of  the  Government. 

Art.  59.  The  annuity  drawn  from  the  income  of  the  forests  and 
domains  and  set  apart  by  law  of  January  17,  1820,  shall  remain 
attached  to  the  entailed  fund  of  the  Crown. 

Title  IV. — The  ministers. 

Art.  60.  The  ministers,  as  well  as  the  State  officials  appointed  to 
represent  them,  shall  have  access  to  each  Chamber  and  must  at  all 
times  be  heard  upon  their  own  request. 

Each  Chamber  can  demand  the  presence  of  the  ministers. 

The  ministers  shall  be  entitled  to  vote  in  either  one  of  the  Cham- 
bers only  when  members  of  it. 

Art.  61.  On  the  resolution  of  one  Chamber  the  ministers  may  be 
impeached  for  the  crime  of  violating  the  Constitution,  for  bribery, 
and  for  treason.  The  decision  of  such  cases  shall  lie  with  the  supreme 
tribunal  of  the  monarchy  sitting  as  one  body.  As  long  as  two 
Supreme  Courts  exist  they  shall  be  united  for  the  above  purpose. 

Further  details  as  to  matters  of  responsibility,  procedure,  and 
punishment  are  hereby  reserved  for  a  special  law. 

Title  V. — The  Chambers. 

Art.  62.  The  legislative  power  shall  be  exercised  in  common  by  the 
King  and  the  two  Chambers. 

Every  law  shall  require  the  assent  of  the  King  and  of  the  two 
Chambers. 

Money  bills  and  the  budgets  shall  first  be  laid  before  the  Second 
Chamber.  The  budgets  shall  either  be  accepted  or  rejected  as  a 
«v^hole  by  the  First  Chamber. 

Art.  63.  In  the  event  only  of  its  being  urgently  necessaiy  to  main- 
tain public  security  or  deal  with  an  unusual  state  of  distress  when 
the  Chambers  are  not  in  session,  ordinances,  which  do  not  contravene 


CONSTITUTION   OF   PRUSSIA.  231 

the  Constitution,  may  be  issued  with  the  force  of  the  law,  on  the 
responsibility  of  the  whole  Ministry.  But  these  must  be  immediately 
laid  before  the  Chambers  for  approval  at  their  next  meeting. 

Art.  64.  The  King,  as  well  as  each  Chamber,  shall  have  the  right 
of  proposing  law^s.  Bills  that  have  been  rejected  by  one  of  the 
Chambers  or  by  the  King  can  not  be  reintroduced  during  the  same 
session. 

Arts.  65-68.  [As  amended  May  7,  1853.]  The  First  Chamber  shall 
be  formed  by  royal  ordinance  (Anordnung)  which  can  only  be 
altered  by  a  law  to  be  issued  with  the  approval  of  the  Chambers. 

The  First  Chamber^  shall  be  composed  of  members  appointed  by 
the  King,  with  the  right  of  hereditary  transmission  or  only  for  life. 

Art.  69.  [As  amended  April  30,  1851 ;  May  17, 1867 ;  eJune  23,  1876 ; 
and  June  28,  1906.]  The  Second  Chamber  shall  consist  of  443  mem- 
bers. 

The  electoral  districts  shall  be  determined  by  law.  They  shall 
consist  of  one  or  more  circles  {Kreise)  or  of  one  or  more  of  the 
larger  towns. 

Art.  70.  Every  Prussian  who  has  completed  his  twenty-fifth  year, 
and  is  qualified  to  take  part  in  the  elections  of  the  commune  where 
he  is  domiciled,  is  entitled  to  act  as  a  primary  voter  (Ur^odhler) . 

One  entitled  to  take  part  in  the  election  of  different  communes  can 
only  exercise  his  right  as  primary  voter  in  one  commune. 

Art.  71.^  For  every  250  souls  of  the  population,  one  elector  (Wahl- 
mann)  shall  be  chosen.  The  primary  voters  shall  be  divided  into 
three  classes  in  proportion  to  the  amount  of  direct  taxes  they  pay, 
and  in  such  a  manner  as  that  each  class  shall  represent  a  third  of  the 
sum  total  of  the  taxes  paid  by  the  primary  voters. 

This  sum  total  shall  be  reckoned : 

{a)  By  communes,  in  case  the  commune  forms  of  itself  a  primary 
electoral  district; 

{h)  By  districts  (Besirke),  in  case  the  primary  electoral  district 
consists  of  several  communes. 

The  first  class  shall  consist  of  those  primary  voters,  highest  in  the 
scale  of  taxation  who,  taken  together,  pay  a  third  of  the  total. 

The  second  class  shall  consist  of  those  primary  voters,  next  highest 
in  the  scale,  whose  taxes  form  a  second  third  of  the  whole. 

Each  class  shall  vote  apart,  and  shall  choose  each  a  third  of  the 
electors. 

These  classes  may  be  divided  into  several  voting  sections,  none  of 
which,  however,  must  include  more  than  500  primary  voters. 

*  By  law  of  May  30,  1855,  the  First  Chamber  received  the  designation  of  House  of 
Lords    ( Herren  h  an s ) . 

2  Article  71  Ineffective  until  the.  promulgation  of  the  election  law,  as  far  as  it  is  in 
contradiction  to  "  aforementioned "  provisions :  article  2,  law  of  June  24,  1891  ;  and 
article  7,  law  of  June  29,  1893. 


232  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

The  electors  shall  be  chosen  by  each  class  from  the  number  of  the 
primary  voters  in  their  district  without  regard  to  the  classes. 

Art.  72.  The  deputies  shall  be  chosen  by  the  electors. 

Further  details  relating  to  the  elections  shall  also  make  the  neces- 
sary provision  for  those  cities  where  flour  and  meat  duties  are  levied 
instead  of  direct  taxes. 

Art.  73  [as  amended  May  27,  1888].  The  legislative  period  of  the 
Second  Chamber  shall  be  five  years. 

Art.  74  [as  amended  March  27,  1872].  Every  Prussian  is  eligible 
as  deputy  to  the  Second  Chamber  who  has  completed  his  thirtieth 
year,  who  has  not  forfeited  his  civil  rights  in  consequence  of  a  valid 
judicial  sentence,  and  who  has  been  a  Prussian  subject  for  three  years. 

The  president  and  members  of  the  Supreme  Chamber  of  Accounts 
can  not  sit  in  either  house  of  the  Diet  {Landtag) . 

Art.  75.  After  the  lapse  of  a  legislative  period  the  Chambers  shall 
be  elected  anew,  and  the  same  in  the  event  of  dissolution.  In  both 
cases  previous  members  are  reeligible. 

Art.  76  [as  amended  May  18,  1857].  Both  houses  of  the  Diet  of 
the  Kingdom  shall  be  regularly  convened  by  the  King  in  the  period 
from  the  beginning  of  November  in  each  year  till  the  middle  of  the 
following  January,  and  otherwise  as  often  as  circumstances  may 
require. 

Art.  77.  The  Chambers  shall  be  opened  and  closed  by  the  King  in 
person,  or  by  a  minister  appointed  by  him  for  this  purpose  in  a 
joint  session  of  the  Chambers. 

Both  Chambers  shall  be  simultaneously  convened,  opened,  ad- 
journed, and  closed.  If  one  Chamber  shall  be  dissolved,  the  other 
shall  be  at  the  same  time  prorogued. 

Art.  78.  Each  Chamber  shall  examine  the  credentials  of  its  mem- 
bers and  decide  thereupon.  It  shall  regulate  its  own  order  of  busi- 
ness and  discipline  by  its  rule  of  order,  and  elect  its  president, 
vice-president,  and  secretaries. 

Members  of  the  public  service  shall  require  no  special  permit 
(Urlaub)  in  order  to  enter  the  Chamber. 

If  a  member  of  the  Chamber  shall  accept  a  salaried  office  of  the 
State,  or  is  promoted  in  the  service  of  the  State  to  a  post  involving 
higher  rank  or  increase  of  salary,  he  shall  lose  his  seat  and  vote  in 
the  Chamber,  and  can  only  recover  his  seat  in  it  by  reelection. 

No  one  can  be  a  member  of  both  Chambers. 

Art.  79.  The  sittings  of  both  Chambers  shall  be  public.  On  the 
motion  of  its  president,  or  of  10  members,  each  Chamber  may  meet 
in  private  session,  at  which  the  first  motion  taken  up  shall  be  the 
question  continuing  the  secrecy  of  the  session. 

Art.  [80  as  amended  May  30,  1855].'  Neither  of  the  Chambers 
can  take  action  unless  there  is  a  majority  of  the  legal  number  of  its 


CONSTITUTION   OF   PRUSSIA.  2  S3 

members  present.  Each  Chamber  shall  take  action  by  absolute  ma- 
jority of  votes,  subject  to  any  exceptions  that  may  be  determined  by 
the  rules  of  order  for  elections. 

The  House  of  Lords  shall  not  take  action  unless  at  least  60  members 
of  the  house  holding  seats  and  voting  in  accordance  with  the  provi- 
sions of  the  ordinance  of  October  12,  1854,  shall  be  j)resent. 

Art.  81.  Each  Chamber  shall  have  the  separate  right  of  presenting 
addresses  to  the  King. 

No  one  may  in  person  present  to  the  Chambers,  or  to  one  of  them, 
a  petition  or  address. 

Each  Chamber  can  transmit  to  the  ministei'^  the  cojmmunications 
made  to  it,  and  demand  information  of  them  in  regard  to  any 
grievances  thus  presented. 

Art.  82.  Each  Chamber  shall  be  entitled  to  appoint  for  its  own 
information  commissions  of  inquiry  into  facts. 

Art.  83.  The  members  of'  both  Chambers  are  representatives  of 
the  whole  people.  They  shall  vote  according  to  their  own  conA^ic- 
tions,  and  shall  not  be  bound  by  commissions  or  instructions. 

Art.  84.  For  their  votes  in  the  Chamber  they  can  never  be  called 
to  account,  and  for  the  opinion  they  express  therein  they  can  only 
be  called  to  account  within  the  Chamber  itself,  in  virtue  of  the  rules 
of  order  (article  78). 

No  member  of  either  Chamber  can,  without  its  assent,  be  had  up 
for  examination,  or  be  arrested  divring  the  parliamentary  session  for 
any  penal  offense,  unless  he  be  taken  in  the  act,  or  in  the  course  of 
the  following  day. 

Assent  shall  alike  be  necessary  in  the  case  of  arrest  for  debt. 

All  criminal  proceedings  against  a  member  of  the  Chamber,  and 
all  arrests  for  preliminary  examination  or  civil  arrest,  shall  be  sus- 
pended during  the  parliamentary  session  on  demand  from  the  Cham- 
ber concerned. 

Art.  85.  The  members  of  the  Second  Chamber  shall  receive 
out  of  the  State  treasury  traveling  expenses  and  a  salary  to  be  fixed 
b}^  law.     Renunciation  thereof  shall  be  inadmissible. 

Title  VI. — The  Judicial  Power. 

Art.  86.  The  judicial  power  shall  be  exercised  in  the  name  of  the 
King  by  independent  tribunals,  subject  to  no  other  authority  than 
that  of  the  law. 

Judgments  shall  be  issued  and  executed  in  the  name  of  the  King. 

Art.  87.  The  judges  shall  be  appointed  for  life  by  the  King,  or 
in  his  name. 

They  can  only  be  removed  or  temporarily  suspended  from  office 
by  judicial  sentence,  and  for  reasons  previously  prescribed  by  law. 
Temporary  suspension  from  office,  so  far  as  it  does  not  occur  in 


234  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

consequence  oi  a  law,  and  involuntary  transfer  from  one  position  to 
another,  or  to  the  superannuated  list,  can  occur  only  from  the  causes 
and  in  accordance  with  the  forms  prescribed  by  law,  and  only  in 
virtue  of  a  judicial  sentence. 

But  these  provisions  do  not  apply  to  cases  of  transfer  rendered 
necessary  by  changes  in  the  organization  of  the  courts  or  of  their 
districts. 

Art.  87a.  [Added  February  19,  1879.]  In  the  formation  of  courts 
common  to "  the  territory  of  Prussia  and  to  that  of  other  Fed- 
eral States,  deviations  from  the  provisions  of  article  86  and  of  the 
first  clause  of  article  87  are  permissible. 

Art.  88.  [Abrogated  April  30,  1856.] 

Art.  89.  The  organization  of  the  tribunals  shall  be  determined 
by  law. 

Art.  90.  To  the  judicial  office  only  those  shall  be  appointed  who 
have  qualified  themselves  for  it  as  prescribed  by  law. 

Art.  91.  Courts  for  special  classes  of  cases,  and,  in  particular,  tri- 
bunals for  trade  and  industry,  shall  be  established  by  statute  in  those 
places  where  local  needs  may  require  them. 

The  organization  and  jurisdiction  of  such  courts,  as  well  as  their 
procedure  and  the  appointment  of  their  members,  the  special  status 
of  the  latter,  and  the  duration  of  their  office,  shall  be  determined 
by  law. 

Art.  92.  In  Prussia  there  shall  .be  only  one  supreme  tribunal. 

Art.  93.  The  proceedings  of  the  civil  and  criminal  courts  shall  be 
public,  but  the  public  may  be  excluded  by  a  publicly  announced  reso- 
lution of  the  court  when  order  or  good  morals  may  seem  endangered 
(by  their  admittance). 

In  other  cases  publicity  of  proceedings  can  only  be  limited  by  law. 

Art.  94.  [As  amended  May  21,  1852.]  In  criminal  cases  the  guilt 
of  the  accused  shall  be  determined  by  jurymen  in  so  far  as  exceptions 
are  not  introduced  by  a  law  issued  with  the  previous  assent  of  the 
Chambers.  The  formation  of  the  jury  court  shall  be  regulated  by  a 
law. 

Art.  95.  [As  amended  May  21,  1852.]  By  a  law  issued  with  the 
previous  assent  of  the  Chambers  there  may  be  established  a  special 
court,  the  jurisdiction  whereof  shall  include  the  crimes  of  high 
treason  as  well  as  those  crimes  against  the  internal  and  external  se- 
curity of  the  State,  which  may  be  assigned  to  it  by  law. 

Art.  96.  The  jurisdiction  of  the  courts  and  of  the  administrative 
authorities  shall  be  determined  by  law.  Conflicts  of  authority  be- 
tween the  courts  and  the  administrative  authorities  shall  be  settled 
by  a  tribunal  indicated  by  law. 

Art.  97.  A  law  shall  determine  the  conditions  on  which  public  offi- 
cials, civil  and  military,  may  be  prosecuted  for  wrongs  committed  by 


CONSTITUTION   OF   PRUSSIA.  235 

them  in  exceeding  their  functions.     But  the  previous  assent  of  su- 
perior officials  shall  not  be  required  as  a  condition  of  bringing  suit. 

Title  VII. — Public  officials  not  helonging  to  the  judicial  class. 

Art.  98.  The  special  legal  status  {Rechtsverhdltnisse)  of  public 
officials,  including  advocates  and  solicitors  (Staatsanwdlte)  not  be- 
longing to  the  judicial  class  shall  be  determined  by  a  law  which, 
without  unduly  restricting  the  Government  in  the  choice  of  its  ex- 
ecutive agents,  shall  secure  to  civil  servants  proper  protection  against 
arbitrary  dismissal  from  their  posts  or  deprivation  of  their  pay. 

TiTi^E  VIII. — The  finances. 

Art.  99.  All  income  and  expenditures  of  the  State  shall  be  esti- 
mated in  advance  for  every  year  and  be  incorporated  in  the  budget. 

The  latter  shall  be  annually  fixed  by  a  law. 

Art.  100.  Taxes  and  contributions  to  the  public  treasury  shall  be 
collected  only  in  so  far  as  they  shall  have  been  included  in  the  budget 
or  authorized  b}^  special  laws. 

Art.  101.  In  the  matter  of  taxes  there  shall  be  no  privileges. 

Existing  tax  laws  shall  be  subjected  to  a  revision  and  all  such  priv- 
ileges abolished. 

Art.  102.  State  and  communal  officers  can  levy  fees  only  when 
authorized  by  law. 

Art.  103.  The  contracting  of  loans  for  the  State  treasury  can  only 
be  effected  in  virtue  of  a  law,  and  the  same  holds  good  of  guaranties 
involving  a  burden  to  the  State. 

Art.  104.  Any  violation  of  the  provisions  of  the  budget  shall  re- 
quire subsequent  approval  by  the  Chambers. 

The  accounts  relating  to  the  budget  shall  be  examined  and  audited 
by  the  Supreme  Chamber  of  Accounts.  The  general  budget  accounts 
of  every  year,  including  the  tabular  view  of  the  national  debt,  shall, 
with  the  comments  of  the  Supreme  Chamber  of  Accounts,  be  laid 
before  the  Chambers  for  the  purpose  of  discharging  the  Government 
of  responsibility. 

A  special  law  shall  regulate  the  establishment  and  function  of  the 
Supreme  Chamber  of  Accounts. 

Title  IX. — 7'he  coni77iu7ies,  circuits,  districts,,  and  provincial  bodies. 

Art.  105.  [As  amended  May  24,  1853.]  The  representation  and 
administration  of  the  communes,  circuits,  and  provinces  of  the  Prus- 
sian State  shall  be  determined  by  special  laws. 

GENERAL  PROVISIONS. 

Art.  106.  Laws  and  ordinances  shall  be  binding  when  published  in 
the  form  prescribed  by  law. 


236  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

The  examination  of  the  validity  of  properly  promulgated  royal 
ordinances  shall  not  be  permitted  within  the  competence  of  the  Gov- 
ernment authorities  {Behorden)  but  of  the  Chambers  solely. 

Art.  107.  The  Constitution  may  be  amended  by  the  ordinary 
method  of  legislation,  and  such  amendment  shall  merely  require  the 
usual  absolute  majority  in  each  Chamber  on  two  divisions  between 
which  there  must  elapse  a  period  of  at  least  21  days. 

Art.  108.  The  members  of  both  Chambers  and  State  officials  shall 
take  the  oath  of  fealty  and  obedience  to  the  King  and  shall  swear 
conscientiously  to  observe  the  Constitution. 

The  army  shall  not  take  the  oath  to  observe  the  Constitution. 

Art.  109.  Existing  taxes  and  dues  shall  continue  to  be  raised,  and 
all  provisions  of  existing  statute-books,  single  laws,  and  ordinances 
which  do  not  contravene  the  present  Constitution  shall  remain  in 
force  until  altered  by  law. 

Art.  110.  All  administrative  authorities  holding  appointments  in 
virtue  of  existing  laws  shall  continue  their  activity  until  the  issue  of 
organic  laws  affecting  them. 

Art.  111.  In  the  event  of  war  or  revolution  and  pressing  danger  to 
public  security  therefrom  ensuing,  articles  5,  6,  7,  27,  28,  29,  30,  and  36 
of  the  Constitution  may  be  suspended  for  a  certain  time  and  in  cer- 
tain districts.    The  details  shall  be  determined  by  law. 

TEMPORARY  PROVISIONS. 

Art.  112.  [Repealed  July  10,  1906.] 

Art.  113.  Prior  to  the  revision  of  the  criminal  law  a  special  law 
will  deal  with  offenses  committed  by  w^ord,  writing,  print,  or  pictorial 
representation. 

Art.  114.  [Repealed  April  14,  1856.] 

Art.  115.^  Until  the  issue  of  the  electoral  law  contemplated  in 
article  72,  the  ordinance  of  May  30,  1849,  touching  the  election  of 
Deputies  to  the  Second  Chamber  shall  remain  in  force. 

Art.  116.  The  two  supreme  tribunals  now  existing  shall  be  com- 
bined into  one.    The  organization  shall  be  prescribed  by  a  special  law. 

Art.  117.  The  claims  of  State  officials  who  received  a  permanent 
appointment  before  the  promulgation  of  the  Constitution  shall  re- 
ceive special  consideration  in  the  new  laws  regulating  the  civil 
service. 

Art.  118.  Should  changes  in  the  present  Constitution  be  rendered 
necessary  by  the  German  Federal  Constitution  to  be  drawn  up  on  the 
basis  of  the  draft  of  May  26,  1849,  such  alterations  shall  be  decreed 

^  The  laws  of  April  30,  1851,  also  pertain  to  the  electoral  law.  Until  the  promulgation 
of  the  election  law,  the  provisions  of  article  115  of  the  Constitution  remain  ineffective, 
as  far  as  they  are  at  variance  with  this  law    (article  4  of  the  law  of  June  28,   1906). 


CONSTITUTION   OF   PRUSSIA.  237 

by  the  King,  and  the  ordinances  to  this  effect  laid  before  the  Cham- 
bers at  their  first  meeting. 

The  Chambers  shall  then  decide  whether  the  changes  thus  pro- 
visionally made  harmonize  with  the  Federal  Constitution  of  Ger-* 
many. 

Art.  119.  The  royal  oath  mentioned  in  article  54,  as  Avell  as  the  oath 
prescribed  to  be  taken  by  both  Chambers  and  all  State  officials,  shall 
be  taken  immediately  after  the  legislative  revision  of  the  present 
Constitution  (articles  62  and  108)  shall  have  been  completed. 

In  witness  whereof  we  have  hereunto  set  our  signature  and  royal 
seal.    Given  at  Charlottenburg  the  31st  of  January,  1850. 

[l.  s.]    fkiedrich  wilhelm. 

Count  v.  Brandenburg.  v.  d.  Heydt. 

V,  Ladenberg.  v.  Rabe. 

v.  Manteuffel.  Simons. 

v.  Strotha.  v.  Schleinitz. 


REUSS,  OLDER  LINE. 

THE  LAW  CONCERNING  THE  CONSTITUTION  OF  MARCH  28,  1867.^ 

[Preamble.] 

We,  Heinrich  the  twenty-second,  by  God's  grace,  Sovereign  Prince 
of  Reuss,  Older  Line,  Count  and  Lord  of  Plauen,  Lord  of  Greiz, 
Kranichfeld,  Gera,  Schleiz,  and  Lobenstein,  etc.,  etc.,  etc.,  hereby 
make  known  to  all  men  by  these  presents : 

In  the  conviction  that  the  hitherto  existing  Constitution  is  no 
longer  adequate  for  the  advanced  demands  upon  the  administration, 
and  inspired  by  the  sincere  wish  to  meet  the  often  expressed  expec- 
tation of  a  change  therein  to  accord  with  the  times,  and  to  satisfy 
it  in  a  manner  truly  conducive  to  the  good  of  the  country,  we  do 
hereby  make  known  and  publish  with  avowed  consent  of  the  repre- 
sentative body  of  the  Principality  the  following 


PAR-r  I. — The  Principality  and  its  Government  in  general. 

Article  1.  The  Principality  of  Keuss,  Older  Line,  forms  one  in- 
divisible State  of  the  North  German  Confederation,  united  under  one 
Constitution. 

Art.  2.  No  constituent  part  of  the  Principality  and  no  administra- 
tive right  of  the  Prince  can  be  alienated  in  any  way,  without  consent 
of  the  Diet.  Regulation  of  the  boundary  lines  with  neighboring 
states  is  not  hereby  included,  unless  subjects  of  the  State  would  be 
transferred  thereby. 

Art.  3.  The  Prince  is  the  hereditary  Lord.  His  person  is  invio- 
lable. The  right  of  succession  to  the  Government  follows,  according 
to  the  House  and  family  compacts  of  Reuss,  the  principle  of  first  born 
and  the  lineal  agnatic  descent  in  the  male  line.  He  shall  exercise  the 
sovereignty  in  constitutional  manner,  the  administrative  powers  in 
cooperation  with  the  Diet ;  the  executive  powers  he  wields  alone.  He 
shall  appoint  the  State  officials  and  represent  the  country  in  its 
external  relations. 

Art.  4.  The  Sovereign  shall  maintain  his  principal  residence  within 
the  country. 

^  Translation  by  Mrs.  H.  N.  Taylor  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.   287-303. 

238 


CONSTITUTION    OF    REUSS,    OLDER   LINE.  239 

Art.  5,  The  administrative  transactions  of  the  preceding  ruler  are 
to  be  recognized  and  followed  by  each  Sovereign  in  so  far  as  they  are 
undertaken  without  exceeding  the  constitutional  and  legal  power. 

Art.  G.  The  Sovereign  and  the  Princes  of  the  reigning  House  shall 
become  of  age  and  authorized  to  govern  at  the  end  of  their  21st  year 
of  age.  The  Sovereign  may,  at  the  end  of  his  18th  year,  be  declared 
of  age  and  authorized  to  govern  by  his  appointed. regent,  with  consent 
of  the  reigning  Prince  of  the  House  of  Reuss,  Younger  Line. 

Majority  may  be  granted  at  the  same  age  by  the  reigning  Sovereign 
to  the  Prince  of  the  House. 

Art.  7.  A  regency  shall  be  established  for  the  minority  of  the 
Prince.  If  this  has  not  been  decided  upon  by  his  predecessors  in 
agreement  with  the  Diet,  then  the  regency  shall  belong  first  to  the 
Prince's  mother,  and  if  she  is  no  longer  living  or  is  married  again  or 
otherwise  prevented,  it  shall  then  go  to  the  nearest  agnate  of  the 
princely  line  who  is  of  full  age  and  capable  of  ruling. 

Art.  8.  If  the  Prince  who  has  reached  his  majority  is  prevented  for 
any  considerable  length  of  time  from  succeeding  to  the  Government, 
or  after  having  succeeded,  is  unable  to  continue  it,  a  regency  shall 
be  established  for  the  duration  of  such  hindrance. 

This  regency  shall  go  first  to  the  Prince  of  the  Royal  House,  Older 
Line,  who  has  reached  his  majority  and  is  entitled  to  direct  suc- 
cession. 

If  such  a  one  is  not  available,  the  regency  shall  go  to  the  wife  of 
the  said  Prince  who  has  been  debarred  from  the  Government,  or  if 
he  is  unmarried,  to  his  mother,  and  if  she  is  no  longer  living  or 
married  again  or  otherwise  prevented,  to  the  nearest  eligible  agnate 
of  the  princely  family  who  is  of  full  age. 

Art.  9.  Upon  the  necessity  of  setting  up  such  regency,  when  the 
case  is  doubtful,  the  Government  shall  immediately  decide,  with  the 
Diet  to  be  summoned  for  this  purpose. 

Art.  10.  In  case  the  Prince  next  in  succession  to  the  ruling  Prince 
is  affected  by  such  mental  or  physical  condition  "as  to  be  forever  in- 
capable of  conducting  the  Government,  a  temporary  decision  shall 
be  made  in  regard  to, the  future  establishment  of  the  regency. 

Art.  11.  The  Government  shall  establish  a  regency  council  whose 
opinion  is  to  be  consulted  in  all  important  matters. 

In  default  of  instructions  provided  by  the  Prince,  the  plan  for 
the  education  of  the  successor  is  to  be  determined  only  after  consul- 
tation with  the  regency  council. 

The  Government  decrees  of  the  regency  require  for  their  validity 
the  counter-signature  prescribed  in  article  36. 

Art.  12.  The  administrative  acts  of  the  regency  are  to  be  recog- 
nized by  the  Sovereign  on  his  assumption  of  the  Government  after 
reaching   his   majority    and   respectively    after   the   adjustment   of 


240  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

previously  existing  hindrances,  as  equally  valid  with  those  of  his 
other  legitimate  predecessors  in  the  Government. 

Part  II. — Public  Property  and  Crown  Property.     . 

Art.  13.  The  public  property  comprises  the  total  of  those  means; 
from  which  the  general  expenses  of  the  country,  including  the  liqui- 
dation of  debts,  are  supplied,  as  well  as  all  that  is  permanently  de- 
voted to  the  general  need  of  the  State.  The  principal  part  of  the 
State  funds  is  composed  of  the  taxes  of  the  citizens,  which  are  'levied 
in  the  constitutional  manner  by  vote  of  the  representative's  and 
consent  of  the  Prince,  and  are  paid  into  the  State  treasury. 

The  land  taxes  are  inalienable.  Annulment  thereof  on  the  basis 
of  entire  or  partial  destruction  of  the  property,  temporary  exemption 
on  account  of  damages  by  fire  or  water,  scarcity  of  crops,  etc.,  can 
only  be  authorized  by  the  Prince,  with  favorable  verdict  of  the 
Government,  and  in  case  of  annulment,  with  consent  of  the  Diet. 

Art.  14.  The  general  State  funds  are  liable  for  the  public  debts, 
hitherto  incurred  with  consent  of  the  Diet  (article  13). 

New  public  debts,  i.  e.,  those  whereby  the  amount  of  present  in- 
'debtedness  would  be  increased  or  the  constitutional  discharge  of 
same  would  be  arrested  or  restricted,  are  invalid  and  not  binding 
without  the  express  agreement  with  the  Diet,  and  in  the  exceptional 
case  of  article  73,  without  their  subsequent  consent ;  those  who  raised 
such  loans  and  executed  the  vouchers  of  debt  remain  personally 
responsible  therefor. 

On  assuming  indebtedness,  safe  provision  must  be  made  for  the 
discharge  of  the  capital  within  a  period  of  50  years  at  the  longest. 

Art.  15.  The  revenues  of  State  properties  form  the  State  treasury 
from  which  are  supplied  with  retention  for  the  present  of  its  hitherto- 
existing  departments  and  branches,  all  actual  State  expenditures; 
these  are  under  the  oversight  and  direction  of  the  Government. 

The  annual  amount,  needed  for  the  different  branches  of  the  ad- 
ministration shall  be  determined  in  the  future  for  every  three-year 
period,  with  the  cooperation  of  the  Diet  and  consent  of  the  Prince 
as  designated  in  articles  70-73.  Other  than  budgetary  expenditures 
may  not  be  ordered. 

A  complete  summary  of  the  public  accounts  shall  be  published 
annually  by  the  press  for  general  information. 

A.RT.  16.  The  Crown  property  shall  consist  of: 

{a)  Domain  property  in  residences  and  other  castles  and  build- 
ings belonging  thereto,  gardens,  meadows,  ponds,  forests  and 
w^oods,  fisheries,  manorial  estates  with  their  premises  and  techni- 
cal farm  institutions,  of  tile  works  and  lime  kilns; 


CONSTITUTION   OF   REUSS,   OLDER  LINE.  241 

(h)  The  collective  inventoiy  of  stock  found  in  the  Crown 
castles  and  buildings  according  to  the  records  taken  thereof  and 
deposited  in  tlie  royal  archives; 

(<?)  The  income  and  revenues  previously  shown  to  be  in  the 
Crown  treasury,  accruing  from  the  princely  prerogatives  and 
from  the  territorial  rights  and  the  taxes  in  farm  produce,  and 
also  other  prerogatives; 

(d)  The  payment  of  such  service  and  compulsory  labor  as 
still  exists  after  previous  redemption,  at  the  need  of  the  Crown 
administration  until  redemption  thereof; 

(e)  The  redemption  sums  and  revenues  accruing  from  such  and 
similar  prerogatives; 

(/)  The  suzerainty  and  revenues  coming  therefrom  until  their, 
complete  exemption,  until  which  time  any  reverting  fees  shall 
be  incorporated  into  the  Crown  funds. 

Art-  17.  The  Crown  properties  are  the  Crown  and  family  estate 
(family  entail)  of  the  Sovereign  House;  the  rights  and  revenues  con- 
nected therewith  can  not  be  withdrawn  without  compensation. 

The  agreement  signed  June  30,  1851,  concerning  the  transference 
pf  the  usufruct  of  the  Crown  property  to  the  State  for  concession  of 
a  fixed  emolument  (Civilliste)  is  hereby  again  abolished. 

In  consequence  of  this  the  State  has  no  further  claim  on  th<> 
revenue  of  the  usufruct  of  this  property;  on  the  contrary  the  State 
is  also  freed  from  every  obligation  to  pay  taxes  and  duties  based  on 
this  property  (e.  g.,  dowry,  emoluments),  and  the  Prince  renounces 
every  subsidy  for  defraying  these  out  of  public  funds  and  in  par- 
ticular also  renounces  the  so-called  maintenance  fund  granted  earlier. 

Art.  18.  The  administration  of  the  Crown  properties  shall  belong 
from  now  on  exclusively  to  the  officials  summoned  by  the  Prince  for 
this  purpose  and  responsible  to  him  alone,  without  any  competition 
whatever  of  the  State  Government  or  any  other  public  authorities  or 
the  Diet. 

With  regard  to  the  arrangements  concerning  the  substance  of  the 
Crown  properties,  as  well  as  in  regard  to  the  use  and  administration 
of  the  same,  there  are  for  the  Prince  no  other  obligations  than  those 
founded  on  the  agnatic  relationship  and  on  the  family  agreements 
of  the  entire  House  of  Reuss.  The  conflicting  provisions  of  the  funda- 
mental'law  of  March  15,  1809,  are  hereby  annulled. 

Aside  from  these  restrictions  further  stipulations  for  the  adminis- 
tration of  the  Crown  properties,  and  conditions  of  service  for  the 
officials  intrusted  with  this  administration  or  single  parts  thereof 
are  left  to  the  Prince;  the  manner  of  severance  of  relations  of  these 
officials  and  of  the  survivors  of  such  deceased  officials,  with  the  pen- 
sion fund  founded  for  civil  servants,  under  protection  of  acquired 
02975—19 16 


242  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

rights,  shall  be  agreed  upon  between  the  State  Government  and 
an  authorized  agent  to  be  named  by  the  Prince. 

Art.  19.  Although  the  payments  made  to  the  CroAvn  treasury  dur- 
ing the  time  of  the  usufruct  of  the  Crown  property  by  the  State,  and 
paid  from  the  funds  of  the  latter,  have  not  reached  the  amount  of 
the  contribution  from  the  State  funds  formerly  agreed  upon,  never- 
theless, in  consideration  of  the  increase  made  during  this  administra- 
tion period  to  the  principal  of  the  Crown  funds,  a  corresponding 
reimbursement  to  the  State  Treasury  shall  be  agreed  upon  with  the 
Estates. 

Art.  20.  The  private  funds  (income)  of  the  Sovereign  shall  be 
estimated  according  to  the  principles  of  civil  law;  savings  and 
earnings  from  any  private  civil  title  shall  increase  the  same.  Tho 
Sovereign  shall  have  free  disposition  thereof  while  living,  and  in 
case  of  death,  in  default  of  testamentary  direction,  the  provisions 
of  abintestate  heir  shall  take  effect. 

Part  III. — Citizens^  their  general  rights  and  duties. 

Art.  21.  The  rights  of  domicile,  settlement,  and  franchise  shall  be 
governed  by  State  legislation  in  as  far  as  has  not  already  been  so 
done,  and  brought  into  agreement  Avith  the  respective  Federal  legis- 
lation. 

Art.  22.  Residence  in  the  Principality  obligates  to  the  observa- 
tion of  its  laws  and  insures  legal  protection. 

Art.  23.  Citizens  when  in  another  country  owe  obedience  to  the 
laws  of  that  land  also  in  so  far  as  that  country  is  concerned  therein, 
and  they  are  to  be  judged  according  to  said  laws  in  regard  to  acts 
committed  while  there,  unless  treaties  of  legal  redress  with  other 
States  founded  on  full  reciprocity  or  general  P^ederal  laws  determine 
an  exception  thereto. 

Art.  24.  Citizens  are  equal  before  the  law. 

Art.  25.  Freedom  of  person  i^  subject  to  no  other  restrictions  than 
those  prescribed  by  law. 

Every  subject  is  free  to  remove  from  the  country  under  the  legal 
provisions. 

Additional  taxes  and  emigration  taxes  must  no  longer  be  levied. 

Art.  26.  Difference  in  rank  and  birth  shall  make  no  difference  in 
appointment  to  any  position  in  the  civil  service,  but  membership  in 
one  of  the  recognized  Christian  denominations  is  required  therefor. 

Art.  27.  Every  citizen  has  the  right  to  carry  a  written  complaint 
to  his  superiors  in  regard  to  illegal  or  irregular  proceedings  of  the 
local  authorities. 

If  he  believes  it  impossible  to  be  reconciled  to  the  adverse  decision 
of  the  highest  authorities  he  may  take  his  complaint  to  the  Diet 
(Stdnde)  for  constitutional  procedure. 


OLDER   LINE.  243 

Art.  28.  Seizure  of  letters  and  papers,  except  in  case  of  arrest  or 
search  warrant,  may  be  undertaken  only  by  virtue  of  a  judicial  com- 
mand provided  with  the  reasons,  which  shall  be  served  on  the  ac- 
cused immediately,  or  at  the  latest  within  24  hours. 

Privacy  of  letters  is  guaranteed. 

Criminal  examinations,  and  in  case  of  war  necessary  restrictions, 
shall  be  determined  by  legislation. 

Art.  29.  Matters  of  the  press,  rights  of  associations  and  meetings, 
unless  already  provided  for,  shall  be  regulated  by  legislation. 

Art.  30.  Property  is  inviolable.  Expropriation  can  only  be  under- 
taken on  the  basis  of  law,  for  considerations  of  the  common  good  and 
with  adequate  compensation. 

Art.  31.  Patrimonial  jurisdiction  and  likewise  all  feudal  obliga- 
tions are  abolished.  The  manner  of  the  same  shall  be  determined  by 
legislation. 

Art.  32.  All  personal  taxes  and  duties  arising  from  manorial  and 
protectoral  association  shall  cease  with  its  abolition  and  without 
compensation. 

All  taxes  and  duties  attached  by  civil  law  to  the  ground  and  soil 
are  redeemable.  In  so  far  as  not  already  redeemed  the  necessary 
provisions  shall  be  made  by  law. 

No  piece  of  property  shall  henceforth  be  burdened  with  an  unre- 
deemable tax  or  duty. 

Art.  38.  Military  service  is  for  all  alike.  Substitution  therefor 
can  not  be  made.  Further  particulars  shall  be  determined  by  legis- 
lation. 

Art.  34.  Every  citizen  must  contribute  to  the  public  taxes  accord- 
ing to  the  principle  of  equality  and  in  proportion  to  his  means  and 
power.  No  one  may  be  incumbered  with  taxes  or  other  duties  to 
which  he  is  not  obligated  by  virtue  of  law  or  special  legal  title.  Ke- 
lease  from  public  taxes  can  in  no  way  be  granted  or  acquired. 

Part  IV. — Civil  service. 

Art.  35.  Every  one  in  the  civil  service  is  responsible  for  the  service 
he  renders. 

Previous  consent  of  superior  authorities  is  not  necessary  in  order 
to  prosecute  legally  a  public  official  for  his  official  acts. 

If  the  loss  of  property,  which  was  caused  to  the  person  concerned 
through  illegal  or  unconstitutional  procedure  of  a  civil  servant  in 
the  province  of  his  official  activity,  can  not  be  settled  by  the  respec- 
tive civil  servant,  the  State  shall  step  in  to  his  aid. 

Art.  36.  All  orders  in  administrative  matters  which  the  Sovereign 
signs  must  be  countersigned  on  the  part  of  the  superior  civil  authori- 
ties who  are  concerned  in  the  operation  of  such  decision,  by  the  chief 


244  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

official,  or  his  substitute,  in  order  that  their  liability  for  the  agree- 
ment of  the  order  with  the  laws  and  Constitution  of  the  country  may 
be  publicly  manifested. 

An  order  not  provided  with  this  counter-signature  is  not  valid. 

Further  details  in  regard  to  the  relations  of  civil  servants  are  con- 
tained in  the  Civil  Service  Law. 

Part  V. — Administration  of  jiistice. 

Art.  37.  All  jurisdiction  proceeds  from  the  State  (article  31).  The 
judiciary  and  the  civil  administration  shall  be  independent  of  each 
other.  The  judicial  power  shall  be  exercised  by  the  courts  within 
the  limits  of  their  competency,  independently  and  absolutely. 

Cabinet  and  ministerial  justice  is  unlawful. 

Art.  38.  The  judiciary  shall  be  exercised  in  a  manner  in  con- 
formity with  equality  before  the  law,  to  such  a  degree  that  courts  of 
privilege  shall  cease,  unless  single  exceptions,  depending  on  treaties 
or  special  circumstances,  remain  further  necessary. 

Further  details  are  reserved  for  legislation. 

Art.  39.  For  criminal  cases,  the  procedure  of  indictment  shall  be 
conducted  publicly  and  orally.  In  so  far  as  the  reconstruction  of  the 
constitution  of  the  law  courts  makes  it  necessary  to  enter  into  rela- 
tions with  other  states,  and  especially  w^ith  those  for  which  the  Su- 
perior Appellate  Court  ^  at  Jena  is  the  general  superior  court,  the 
conduct  of  the  procedure  in  such  cases  shall  remain  in  the  province 
of  the  State  administration. 

TPlie  establishment  of  justices  of  the  peace,  as  well  as  the  introduc- 
tion of  free  court  days,  shall  be  taken  into  consideration  in  accord- 
ajice  with  constitutional  procedure. 

Art.  40.  The  arrest  of  a  person  shall  only  take  place  by  virtue  of 
a  judicial  command  accompanied  with  reasons  therefor,  unless  he 
be  taken  in  flagranti  delicto.  This  order  must  be  presented  to  the 
arrested  person  at  the  moment  of  arrest,  or,  at  latest,  in  the  course 
of  the  following  day. 

In  case  of  an  illegal  or  protracted  imprisonment,  the  person  actu- 
ally guilty,  or,  if  necessary,  the  State,  is  obliged  to  gi^^e  satisfaction 
and  compensation  to  the  injured  party. 

The  modifications  of  these  provisions  required  in  respect  to  mili- 
tary persons  are  reserved  for  a  special  law. 

Art.  41.  A  domiciliary  visit  is  permissible  only : 

(1)  By  virtue  of,  a  judicial  order  accompanied  with  reasons, 
which  shall  be  presented  to  the  person  concerned  at  once,  or,  at 
latest,  within  24  hours ; 

1  Appellate  court  since  tl^e  law  pf  Judieial  organization  of  November  21,  1871. 


CONSTITUTION   OF   REUSS,   OLDER  LINE.  245 

(2)  In  case  of  pursuit  on  commission  of  the  act  by  persons 
qualified  in  pursuance  of  their  official  duty; 

(3)  In  cases  and  forms  where  the  law  has  granted  the  same 
by  exception  to  certain  officials  even  without  judicial  order. 

The  domiciliary  visit  must,  when  possible,  be  performed  in  the 
presence  of  the  residents  of  the. house. 

Art.  42.^  Judicial  process  is  open  to  every  one  who  believes  him- 
self injured  in  his  rights  through  an  act  of  the  administration. 

The  provisions  required  to  prevent  the  abuse  of  this  privilege  are 
reserved  for  a  special  law. 

The  complaint  is  to  be  directed  against  the  State,  but  when  it 
concerns  an  act  of  a  communal  board,  it  is  to  be  directed  against  the 
commune.  Sections  3  and  4  of  the  law  of  November  1,  1899,  shall 
have  corresponding  application  to  the  execution  of  the  Imperial 
code  of  civil  procedure. 

The  legal  provisions  of  Empire  or  State  shall  remain  intact  ac- 
cording to  which  the  State  or  Commune  becomes  responsible  only 
temporarily  or  as  security  for  damage  caused  by  its  officials  in  the 
exercise  of  the  public  authority  entrusted  to  them. 

Art.  43.  Confiscation  can  only  take  place  in  respect  to  single  ar- 
ticles which  have  served  as  the  object  or  tool  of  an  offense. 

Art.  44.  Moratoria  may  not  be  "granted  for  State  reasons. 

Art.  45.  The  Prince  shall  have  the  right  in  criminal  cases  to  stop 
proceedings,  as  well  as  to  change,  decrease,  or  release  from  pen- 
alty, but  not  to  increase  a  penalty  which  has  been  decreed. 

Part  VI. — Church  RelatioTiships^  Schools^  aiid  Religiaus  Bequests 

Art.  46.  Every  citizen  is  unrestricted  in  the  private  exercise  of  his 
religion.  Free  public  worship  is  granted  only  to  the  recognized 
Christian  denominations.  The  Evangelical-Lutheran  is  the  estab- 
lished Church. 

Art.  47.  The.  members  of  the  Christian  denominations  shall  enjoy 
equal  civil  and  political  rights.  Those  of  other  creeds  shall  have 
only  such  share  in  civil  rights  as  has  been  hitherto  granted  them,  or 
shall  be  legally  granted  them  in  the  future. 

Art.  48.  The  Prince  shall  possess  the  Episcopal  rights  over  the 
national  Church  as  established  in  the  church  constitution.  He  shall 
exercise  the  supreme  power  over  the  churches,  the  supervision  and 
right  of  protection  over  the  same. 

Art.  49.  Sufficient  provision  shall  be  universally  provided  through 
public  schools  for  the  education  of  the  young.  Parents  and  guardi- 
ans must  not  permit  their  children  or  foster  children  to  be  deprived 
of  the  instruction  prescribed  for  the  lower  elementary  schools. 

1  Supplemented  by  paragraphs  3  and  4  by  law  of  July  25,  1912. 


246  CONSTITUTIOISrS  OF   THE  GERMAN   STATES. 

All  matters  of  instruction  and  education  shall  be  under  the  over- 
sight of  the  highest  church  authorities. 

Art.  50.  The  church  and  school  officers  shall  be  subject  to  the  laws 
of  the  State  in  their  civil  relations  and  business. 

Complaints  in  i-egard  to  their  administration  (disciplinary  mis- 
demeanors) shall  be  settled  through  the  Supreme  Church  Board. 
Upon  charge  of  exceeding  their  ecclesiastical  authority,  the  same 
Board  shall  make  corresponding  provisions  after  previous  discussion. 
If  the  latter  are  considered  inadequate  the  complaints  can  be  taken 
to  the  Prince. 

Art.  51.  All  religious  bequests  (Foundations)  without  excep- 
tion, whether  intended  for  religious  institutions,  instruction,  or  pur- 
poses of  welfare,  shall  be  under  the  protection  of  the  State,  and  the 
funds  or  income  from  the  same  may  not  be  withdrawn  into  the  State 
funds  under  any  pretext  whatever,  nor  be  applied  to  any  other  pur- 
poses than  those  in  accordance  with  the  conditions  of  the  bequest. 

Only  in  case  where  the  purpose  of  the  bequest  can  no  longer  be 
attained  may  an  application  to  other  similar  purposes  ensue  with  con- 
sent of  those  interested,  and  where  general  public  institutions  are 
concerned,  with  consent  of  the  Diet. 

Art.  52.  Legacies  and  gifts  for  the  benefit  of  a  religious  founda- 
tion do  not  require  for  their  validity  previous  ratification  by  the 
Prince. 

Private  bequests,  so  long  as  their  purpose  is  consistent  with  the 
laws  of  the  country,  shall  not  be  changed. 

Va:rtY11.— The  Diet} 

Art.  53.  The  entire  Principality  of  Reuss,  Older  Line,  shall  have 
a  Diet  (LaTidesvertretung) ,  through  whose  assistance,  within  the 
sphere  prescribed  in  this  Constitution,  strength  and  continuity  may 
be  maintained  in  the  administration  and  greater  safety  of  general 
legal  conditions  shall  be  assured. 
The  Diet  shall  consist  of  12  deputies. 

To  it  shall  be  chosen,  together  with  a  substitute  for  each  deputy : 
Three  chosen  by  the  Prince ; 

Two  chosen  from  their  own  number  by  the  nobility  hitherto 
eligible  to  the  Diet,  who  possess  a  manor  in  the  country,  and 
by  the  other  owners  of  restricted  estates  with  an  area  of  at 
least  150  M  org  en  (acres) ; 
Seven  chosen  by  the  other  enfranchised  subjects, 
namely, 

Two  from  the  city  Greiz; 
One  from  the  city  Zeulenroda; 

1  See  in  this  connection  the  law  of  April  24,  1867,  concerning  the  election  of  deputies. 


ooirsriruTiON  or  reuss,  older  line.  247 

Three  from  the  parishes  of  the  manor  of  Greiz; 
One  from  the  parishes  of  the  manor  of  Burgk, 
all  chosen  for  six  years  each. 

Art.  54.  The  election  of  the  deputies  and  substitutes  with  excep- 
tion of  those  to  be  named  by  the  Prince  shall  take  place  only  upon 
the  order  of  the  Government  according  to  the  provision  of  the  Order 
of  Election. 

Upon  the  basis  of  this  Constitution,  half  of  the  deputies  and  sub- 
stitutes first  elected  shall  retire  by  lot  after  three  years,  namely,  one 
deputy  and  substitute  each  of  those  named  by  the  Prince  and  those 
elected  by  the  nobility  and  estate  owners,  as  well  as  four  of  the 
deputies  and  substitutes  chosen  by  the  election  districts.  Each  time 
after  a  further  3  years,  the  half  retires  from  office  which  had  pre- 
viously remained  in  position. 

The  foregoing  procedure  also  applies  in  regard  to  the  newly  elected 
deputies  and  substitutes  after  the  dissolution  of  a  Diet  {Landtag). 
In  place  of  those  who  retire  from  office  other  deputies  and  substi- 
tutes shall  be  elected  by  the  respective  associates  or  named  by  the 
Prince. 

If  before  the  expiration  of  the  six-year  period  the  position  of  a 
deputy  or  substitute  is  vacated  by  death  or  in  any  other  manner,  the 
Government  shall  immediately  arrange  for  a  new  election. 

The  deputy-elect  shall  assume  the  position  of  his  predecessor  in 
every  respect,  but  particularly  in  respect  to  the  duration  of  his  office. 
Art.  55.  For  the  exercise  of  the  franchise  is  required : 
Citizenship ; 

Completion  of  the  25th  year  of  age; 
Blamelessness  of  reputation; 
Possession  of  one's  own  household; 
Payment  of  a  direct  tax. 
Art.  56.^  The  franchise  shall  not  therefore  be  granted  to: 

(1)  Those  who  are  under  guardianship  for  any  reason; 

(2)  Those  over  whose  property  bankruptcy  pi-oceedings  have 
been  begun,  during  the  duration  of  such  proceedings ; 

(3)  Those  in  receipt  of  charity  from  the  public  funds,  or  who 
have  received  such  aid  in  the  last  year  preceding  the  election ; 

(4)  Those  under  arrest  for  sentence  or  examination; 

(5)  Those  who,  on  account  of  unpleasant  incidents  while  in 
office,  have  forfeited  their  right  to  public  office,  or  forfeited 
the  freedom  to  the  Bar,  or  have  been  suspended  from  public 
offices,  in  the  latter  case  for  the  duration  of  suspension ; 

(6)  Those  who  do  not  pay  direct  taxes  or  are  two  years  in 
arrears  therewith; 

» New  draft  of  article  56.  nos.  2,  4    and  5,  by  law  of  December  21,  1911. 


248  CONSTITUTIONS  OF   THE   GEBMAN'  -STATES. 

(T)   Those  who  have  been  declared  as  deprived  of  the  right 
of  franchise  (article  57). 

Art.  57.  Whoever  shall  buy  votes  at  an  election  or  sell  his  vote  or 
cast  the  same  more  than  once  at  an  election  intended  for  one  and 
the  same  purpose,  or  whoever  has  tried  to  influence  the  elections  of 
others  by  the  use  of  unlawful  means  or  has  misused  his  position  as  an 
official  in  order  to  influence  elections,  shall — aside  from  any  penalty 
imposed  according  to  penal  law — upon  such  motion  be  declared  by 
the  proper  court  as  having  forfeited  his  franchise  for  at  least  four 
and  not  longer  than  twelve  years. 

Art.  58.  Whoever  possesses  the  franchise  is  also  eligible  to  election 
in  case  he  has  completed  his  30th  year. 

Art.  59.  When  elected  he  may  decline  the  election  only  for  im- 
portant reasons. 

Art.  60.  State  and  Court  officials,  military  men,  preachers,  and 
teachers  must  have  the  permission  of  their  superiors  in  order  to  ac- 
cept the  position  of  deputy  or  substitute  and  must  themselves  bear 
the  necessary  expense  of  substitutes  for  their  own  positions. 

This  permission  must  never  be  refused  without  an  important  of- 
ficial reason,  but  it  can  be  limited  to  a  definite  period  of  time,  if 
deemed  advisable  at  the  time  of  granting  it. 

Art.  61.  The  Diet  shall  make  the  fihal  decision  in  regard  to  the 
qualifications  of  the  deputies  elected. 

Further  particulars  in  regard  to  the  manner  of  election  are  given 
in  the  Order  of  Election. 

Art.  62.  The  following  rights  in  general  belong  to  the  Diet : 

Cooperation  in  the  legislation  and  regulation  of  the  adminis- 
tration of  revenue; 
Right  of  consent  to  the  taxes  and  increase  of  public  debt  ; 
Right  of  legislative  proposals  and  of  complaints  and  charges 
against  civil  officials  (article  89). 

The  limits  for  the  exercise  of  these  rights  are  prescribed  in  this 
constitutional  charter. 

Art.  63.  The  deputies  are  not  representatives  of  the  election  dis- 
trict with  reference  to  the  constituency  to  which  their  electors  be- 
long, but  rather  are  to  be  guided  in  their  official  transactions  solely 
by  consideration  for  the  general  welfare  of  the  citizens  as  a  whole. 
They  must  not  accept  instructions  from  their  electors  or  election 
districts,  nor  commission  anyone  to  vote  in  their  name. 

They  may  bring  the  wishes  and  complaints  of  their  electors,  the 
citizens  of  their  respective  election  districts,  or  of  single  individuals 
in  the  latter,  to  the  consideration  of  the  Diet  only  when  they  can 
iind  will  undertake  the  recommendation  of  the  same. 

Art.  64.  At  their  first  entrance  into  the  Diet  every  member  must 
take  the  following  oath : 


CONSTITUTION   OF   KEUSS,   OLDER  LINE.  249 

I  swear  to  observe  faithfully  the  Constitution  of  the  country,  and  as  a 
member  of  the  Diet  always  to  defend  by  motion  and  ballot,  to  the  bc^t  of 
my  knowledge  and  conscience,  the  inseparable  welfare  of  the  Prince  and  the 
Fatherland.     So  truly  help  me  God  and  His  Holy  Word,  Jesus  Christ,  Amen. 

This  oath  shall  be  taken  in  the  assembl}^  of  deputies  before  the 
Head  of  the  Government  (Vorstarul)  ov  his  substitute.  A  deputy 
who  has  once  taken  the  oath,  when  again  elected  to.  this  duty,  needs 
simply  to  promise  by  means  of  a  handshake  and  refer  to  the  oath 
he  formerly  took. 

Art.  65.  The  expression  of  opinion  in  the  Diet  is  free.  Xo  deputy 
can  be  persecuted  by  court  or  discipline  on  account  of  his  vote  or 
utterances  in  the  Diet,  nor  be  held  responsible  elsewhere  outs^le  of 
the  Diet,  unless  the  case  bears  evidence  of  an  injury,  slander,  or  other 
offense  punishable  under  the  law. 

The  maintenance  of  order  in  the  Diet  assembly  shall  be  the  duty 
of  the  Chairman  {Prasldlum)^  in  accordance  with  the  Order  of  Busi- 
ness. The  Diet  itself,  however,  has  the  right  to  exclude  its  members 
for  a  time  or  forever,  on  account  of  unworth}"  behaviour.  Tempo- 
rary exclusion  can  only  be  decided  by  at  least  two-thirds  of  the  total 
votes,  permanent  exclusion  only  by  means  of  a  unanimous  vote. 

In  case  of  exclusion,  the  excluded  member  may  have  recourse  to 
the  highest  court  of  justice  in  the  land  for  the  final  decision. 

Deputies  are  personally  inviolable  for  the  duration  of  the  Diet, 
and  cannot  be  arrested  without  consent  of  the  Diet,  except  in  case 
of  apprehension  in  the  very  act  of  a  criminal  offense,  and  in  con- 
nection with  the  procedure  relating  to  bills  and  notes  (Wecliselver- 
fahren) . 

Art.  G6.  Projects  of  laws  can  be  submitted  only  by  the  Prince 
through  the  Government  to  the  Diet,  not  by  the  latter  to  the  Prince. 
The  Diet  can,  however,  propose  new  laws  as  well  as  propose  abolition 
or  amendment  of  the  present  ones.  Without  its  consent  no  law  may 
be  issued,  amended  or  authoritatively  interpreted. 

Art.  67.  The  Prince  shall  issue  ^nd  announce  the  laws  with  due  j-e- 
gard  to  the  consequent  consent  of  the  Diet.  He  shall  give  the  orders 
and  decrees  necessary  for  their  fulfilment  and  application  as  well 
as  all  orders  proceeding  from  the  right  of  supervision  and  adminis- 
tration. 

The  Prince  shall  also  issue  orders  requiring  the  consent  of  the 
representative  body  according  to  their  nature,  with  exception  of 
amendments  to  the  Constitution,  orders  which  are  urgent  on  account 
of  the  country's  welfare  and  the  purpose  of  which  would  be  either 
entirely  or  partially  frustrated  by  dela}^  Such  orders  nuist,  how- 
ever, be  submitted  to  the  Diet  for  approval  at  its  next  meeting,  and 
the  members  of  the  Prince's  administration  who  voted  for  the  issu- 
iince  of  said  orders  must  guarantee  that  the  countr^-'s  welfare  de- 


250  CONSTITCJTIONS  OF   THE   GERMAN   STATES. 

manded  the  haste,  and  all  of  them  must  therefore  also  sign  the  extra- 
ordinary orders. 

Art.  68.  For  the  execution  of  the  decrees  of  the  North  German 
Confederation,  ratification  by  the  Diet  is  not  required  unless  the 
Federal  legislation  designates  otherwise.  The  expense  necessary  for 
said  execution  must  be  provided;  the  constitutional  cooperation  of 
the  members  of  the  Diet  shall  be  given  with  reference  to  provision 
for  this  expense. 

Art.  69.  The  Diet  shall  be  obliged  to  take  into  consideration  the 
subjects  submitted  by  the  Prince  before  all  other  matters,  unless  the 
urgency  of  a  motion  to  the  Diet  from  the  State  Government  shall  be 
admitted.  In  case  this  admission  by  the  Diet  is  lacking,  the  ur- 
gency should  be  decreed  by  a  vote  of  a  majority  of  two-thirds  and 
said  matter  must  be  brought  up  for  consideration  at  least  during 
the  current  session. 

The  Prince  may  cause  the  matters  submitted  by  him  to  the  Diet  to 
be  withdrawn  during  the  session  and  presented  in  a  changed  form 
at  another  time.  The  same  matter  in  an  unchanged  form  can  only  be 
submitted  again  to  a  later  Diet. 

Art.  to.  The  direct  and  indirect  taxes  may  not  be  imposed  and 
levied  without  consent  of  the  Diet,  with  exception  of  the  case  cited 
in  article  72;  a  change  in  the  existing  taxes*  is  only  permissible  with 
consent  of  the  Diet,  unless  such  has  ensued  in  consequence  of  laws 
already  promulgated. 

It  shall  be  the  duty  of  the  Diet  to  provide  for  the  raising  of  or- 
dinary and  extraordinary  necessities  of  the  country  by  appropriation 
of  the  fund  necessar}^  thereto.  It  shall  have  authority,  moreover,  to 
examine  the  necessity,  expediency  and  amount  of  charges,  to  delib- 
erate thereon  and  to  decide  upon  the  manner  of  providing  therefor, 
the  application  and  assessment  of  taxes,  their  duration  and  the 
manner  of  increasing  them. 

For  this  purpose  the  Diet  shall  be  given  at  every  regular  session  a 
summary  of  the  receipts  and  expenditures  of  the  past  three  years  and 
an  estimate  of  the  amount  needed  for  the  next  three  years,  as  soon  as 
possible  after  the  opening  of  the  session,  and  the  necessary  explana- 
tion shall  be  handed  in  by  the  Government  with  bills  and  vouchers. 

Art.  71.  The  bills  for  the  three  years  preceding  the  session  of  the 
Diet  shall  be  carefully  examined  by  it  with  reference  to  the  respective 
budget  and  checked  with  the  latter  according  to  the  results  of  the 
discussion  previously  held  by  it  in  cooperation  with  the  Government. 

The  budget  for  the  following  three  years,  in  proportion  to  the  cur- 
rent transactions  of  the  Government,  shall  be  decided  upon  with  the 
Diet  and  with  the  Prince's  approval. 

Proposals  for  decreasing  the  amount  demanded  for  State  expenses 
can  only  be  taken  into  consideration  when  the  reasons  therefor  are 


CONSTITUTION   OF   REUSS,   OLDER  LINE.  2^1 

given  definitely  and  in  detail  with  pix)of  of  the  manner  in  which  a 
retrenchment  can  be  miade  without  disregarding  the  public  good. 
The  grant  of  appropriations  must  not  be  connected  with  conditions 
which  do  not  concern  these  or  their  application. 

The  gi-ant  shall  only  then  be  considered  as  rejected  when  under  the 
proposals  specified,  at  least  two-thirds  of  the  deputies  present  have 
vot«d  to  reject  them. 

Art.  72.  When  the  rejection  oi-  decrease  of  grants  proposed  is 
considered  by  the  Government  entirely  incompatible  with  the  in- 
terests of  the  country,  and  an  agreement  with  the  Diet  is  not  reached 
after  another  deliberation,  then  the  Prince  shall  have  the  right  one 
year  after  the  expiration  of  the  time  for  the  grant,  on  the  basis  of 
this  paragraph  of  the  constitutional  charter,  by  means  of  an  order 
publicly  announced,  to  allow  the  present  taxes  to  continue  to  be 
proclaimed  and  collected;  in  this  case,  however,  not  later  than  six 
months  before  the  expiration  of  the  one-year  period,  an  extra  ses- 
sion of  the  Diet  must  be  convened.  If  the  grant  is  also  rejected  by 
this  extraordinary  Diet,  the  Federal  decision  must  be  obtained. 

With  the  single  exception  of  the  case  cited  above,  the  ratification 
of  the  Diet  must  be  expressly  stated  at  the  time  the  taxes  are  as- 
sessed; without  such  statement  neither  the  collectors  are  authorized 
to  demand  them,  nor  the  citizens  obliged  to  pay  them. 

Art.  73.  The  assumption  of  new  national  indebtedness  (article 
14)  can  only  be  ordered  when  foreign  relations  make  the  summons  of 
the  Estates  impossible,  or  when  extraordinarily  urgent  and  unfore- 
seen events  make  hasty  financial  regulation  unavoidable,  and  such 
regulation  must  be  ordered  by  the  Prince  with  the  responsibility  of 
the  members  of  the  Government  voting  therefor,  in  order  to  cover  the 
immediate  necessity;  the  requisite  bill,  however,  is  to  be  proposed  to 
the  Diet  at  its  meeting  which  shall  be  summoned  as  soon  as  pos- 
sible for  the  granting  of  its  constitutional  consent  thereto  and  for 
giving  direction  as  to  the  expenditure  of  money  raised. 

Art.  74.  The  Diet  is  authorized  to  lay  before  the  Prince  in  suit- 
able form  its  common  wishes  and  proposals  in  reference  to  all  matters 
pertaining  to  its  competency,  in  particular  in  regard  to  the  re- 
moval of  known  defects  in  the  civil  and  judicial  administration. 

Every  individual  deputy  is  permitted  to  submit  his  wishes  and  pro- 
posals to  the  Diet,  which  shall  decide  whether  and  in  'what  manner 
the  matter  is  to  be  presented  to  the  Prince. 

Art.  75.  The  Diet  is  authorized  to  bring  complaint  to  the  Prince 
against  the  civil  authorities  in  regard  to  the  application  of  laws  in 
the  civil  and  judicial  administration.  Unlawful  transactions  or 
gross  neglect  of  duty  by  officials  subject  to  the  supreme  civil  au- 
thorities can  only  then  be  a  subject  of  complaint  on  the  part  of  the 


252  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Diet,  when  the  individual  directly  injured  thereby  has  first  brought 
complaint  to  the  proper  superior  authorities  in  vain. 

Art.  76.  The  Diet  may  only  make  complaint  against  citizens  in 
writing,  not  through  deputations.  In  cas^  such  complaint  has  not 
yet  reached  the  proper  superior  authorities  in  the  constitutional  man- 
ner, it  shall  not  be  taken  into  consideration.  If  the  contrary  is  the 
case,  and  if  the  complaint  seems  to  tlie  Diet  well  substantiated,  said 
complaint  shall  be  commended  to  the  Prince  for  proper  considera- 
tion.    The  result  is  to  be  reported  to  the  Diet  by  the  Government. 

Art.  77.  All  resolutions  of  the  Diet  in  civil  matters  shall  only 
become  effective  through  the  express  sanction  of  the  Prince;  the 
decision  of  the  Prince  on  proposals  submitted  to  him  shall,  wherever 
possible,  be  given  during  the  sessions  of  the  Diet. 

Art.  78.  The  Diet  can  only  exercise  its  rights  and  duties  in  full 
Diet  assembly.  It  shall,  therefore,  be  summoned  once  in  three  years 
for  a  regular  session,  and  in  addition  to  this,  as  often  as  necessary 
for  an  extraordinary  session  in  Greiz,  or  in  some  other  place  of  the 
Principality.  Summons  shall  be  by  the  Prince,  through  the  Govern- 
ment, by  means  of  a  public  announcement  and  by  special  written 
invitation. 

At  the  beginning  of  a  change  in  Government,  the  deputies  shall  be 
summoned  within  the  next  three  months  to  an  extraordinary  session 
by  the  Government. 

The  Diet  shall  be  opened  by  the  Prince  in  person  or  by  an  author- 
ized agent. 

The  Diet  may  be  closed  or  adjourned  at  any  time  by  the  Prince. 
The  adjournment  may  not  continue  longer  than  six  months  without 
consent  of  the  Diet. 

When  during  a  Diet  period  an  adjournment  has  already  continued 
for  an  interval  of  six  months,  a  further  adjournment  can  only 
continue  with  consent  of  the  Diet. 

The  Prince  shall  haA^e  the  right  to  dissolve  the  Diet  according  to 
his  pleasure  and  order  new  elections;  in  this  case  the  summons  of 
the  newly  elected  deputies  must  follow  within  four  months  from 
the  aforesaid  dissolution. 

The  outgoing  deputies  can  be  reelected. 

Art.  79.  The  Diet  shall  elect  a  chairman  and  a  substitute. 
The  chairman  shall  conduct  the  affairs  of  the  Diet,  represent  its 
rights  in  accordance  with  the  Constitution,  prepare  all  business  for 
the  Diet,  ordain  the  sessions  and  the  order  of  business,  preserve  order 
and  dignity  in  the  deliberations,  collect  the  votes,  determine  the 
results  thereof,  and  present  the  same  to  the  Government  in  suitable 
form. 

Further  details  are  contained  in  the  Order  of  Business.  The  latter 
shall  be  determined  by  the  Diet,  and  brought  to  the  knowledge  of 


OLDER  LINE.  253 

the  Government,  and  is  valid  for  all  following  Diets,  except  as 
changes  may  be  made  by  their  decisions. 

Art.  80.  The  Diet  shall  choose  a  secretary  from  the  native  jurists, 
who  shall  be  bound  by  oath  by  the  Government  for  his  function. 

He  shall  keep  the  minutes  of  the  Diet  transactions  and  registra- 
tions, prepare  reports,  communications  and  explanations,  and  keep 
the  documents  in  o^der  and  preserve  them.  His  salary  shall  b^  de- 
termined by  the  DieU  with  the  Prince's  approval  and  assumed  by 
the  State  treasury. 

Art.  81.  The  transactions  of  the  Diet  shall  regularly  be  public; 
they  may  be  secret  upon  motion  of  the  Diet  commissioners  in  case  of 
communications  and  matters  which  they  consider  necessary  to  keep 
secret.  The  transactions  may  be  secret  on  motion  of  the  Difet  when, 
after  the  audience  has  been  dismissed,  at  least  half  of  the  members 
vote  therefor. 

Art.  82.  Deliberations  of  the  Diet  can  only  take  place  in  the 
presence  of  at  least  half  of  the  statutory  members ;  the  presence  of 
at  least  two-thirds  of  the  members  is  required  for  valid  decisions. 

Simple  majority  is  decisive,  unless  something  different  is  expressly 
designated  in  this  Constitution. 

In  case  of  a  tie  the  decision  shall  be  postponed  till  the  next  session, 
but  this  time  in  case  of  another  tie,  the  vote  of  the  chairman  shall 
decide.  Each  member  has  only  one  vote.  In  expressions  of  the  Diet 
which  are  only  by  way  of  opinion,  the  sentiment  of  the  minority 
shall  be  reported  at  its  request,  together  with  the  sentiment  of  the 
majority. 

Art.  83.  The  proposals  and  resolutions  of  the  Diet  shall  be  ob- 
tained by  the  Government  from  the  chairman  with  whom  alone 
the  Diet  is  in  direct  business  relation.  The  Prince  may  name 
special  commissioners  for  transactions  with  the  Diet.  All  sessions 
of  the  Diet  are  open  to  these  commissioners  as  well  as  to  the  mem- 
bers of  the  Government;  they  may  participate  in  the  transactions, 
and  take  a  word  therein  at  any  time,  as  well  as  in  the  apparently 
necessary  explanations,  elucidations  and  corrections,  and  after  the 
decision  of  the  matter,  they  may  demand  another  hearing.  The 
chairman  can,  of  course,  exercise  no  disciplinary  authority  over 
them.  It  is  the  duty  of  aforesaid  commissioners  also  to  answer, 
either  at  once,  or  in  one  of  the  next  sessions,  questions  put  to  them  in 
regard  to  information,  in  so  far  as  important  considerations  do  not 
forbid. 

Art.  84.  The  transactions  of  the  Diet  are  as  a  rule  to  be  published 
through  the  press.  The  manner  of  such  presentation  is  reserved  to 
the  decision  of  the  Diet  in  agreement  with  the  Government. 

Art.  85.  The  definite  results  of  each  Diet  shall  be  recorded  in  a 
formal  document,  the  Diet  Memorial,  which  shall  contain  the  Prince's 


254  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

commentary  on  the  transactions  with  the  Diet,  signed  by  the  Prince 
in  his  own  liand,  delivered  to  the  deputies  on  their  dismissal,  and 
published  in  the  code  of  laws. 

The  prorogation  of  the  Diet  shall  take  place  in  the  same  way  as 
its  opening. 

Art.  86.  During  the  continuance  of  the  Diet,  deputies  shall  draw 
their  daily  fees,  which  have  been  fixed  by  the  Government,  in 
agreement  with  the  Diet.  Those  deputies  wlip  live  out  of  the  city 
or  assembly  place  shall  also  be  reimbursed  for  the  trip  back  and  forlli, 
the  sum  of  one  day's  fee  each  way. 

Part  VIII. — The  Protection  of  the  Constitution. 

Art.  87.  The  present  Constitution  is  binding  upon  all  citizens  im- 
mediately after  its  promulgation  by  the  Prince. 

The  successor  to  the  sovereignty,  and  in  case  of  a  regency,  the  ad- 
ministrator, on  entering  upon  their  governmental  duties,  in  the 
presence  of  the  superior  civil  authorities  and  the  chairman  of  the 
preceding  Diet,  or  his  substitutes,  shall  promise  upon  their  princely 
word  to  defend  the  Constitution  of  the  land  and  conscientiouslj'^ 
fulfil  it. 

The  document  to  this  effect  to  be  executed  by  the  successor  or  the 
administrator,  under  his  own  hand,  shall  be  delivered  to  the  chair- 
man of  the  Diet,  published  in  the  code  of  laws  and  deposited  in  the 
archives  of  the  Diet. 

A  report  shall  be  drawn  up  of  this  act  of  delivery  of  the  document 
and  signed  by  every  one  present. 

Art.  88.  Before  the  oath  of  allegiance  has  been  constitutionally 
taken  by  the  successor  or  regent,  the  administrative  power  shall  be 
exercised  by  the  highest  responsible  civil  authorities ;  the  latter  shall 
meantime  take  the  place  of  the  successor  or  regent  in  government 
transactions  and  proclaim  them  by  the  signature  of  their  director 
(Vorstand)  upon  the  decrees  promulgated. 

Art.  89.  In  regard  to  indictment  of  those  in  civil  service  on  ac- 
count of  guilt  in  violation  of  the  Constitution,  the  regulations  cor- 
responding thereto  shall  be  ordained  and  specified  by  legislation 
(article  62). 

Art.  90.  Resolutions  concerning  amendments,  explanation  or  sup- 
plements of  the  Constitution,  require  for  validity  the  presence  of  at 
least  three-quarters  of  all  deputies,  taking  of  the  votes  twice,  between 
which  there  must  be  an  interval  of  at  least  one  week,  and  a  majority 
vote  of  at  least  two-thirds  of  the  deputies  present. 

Art.  91.  If  constitutional  disputes  arise  between  the  Government 
and  the  Diet,  in  which  both  sides  seem  unable  to  agree,  each  side  is 
free  to  carry  it  to  the  decision  of  the  Confederation  (Bund). 


CONSTITUTION   OF   REUSS,   OLDER  LINE.  255 

Art.  92.  The  previous  Constitution  of  the  Estates  now  becomes 
invalid.  All  laws,  ordinances,  and  rules  which  are  inconsistent  with 
an  express  provision  of  the  present  Constitution,  are  in  so  far 
abolished  and  invalid. 

Given  under  our  own  signature  and  the  impress  of  the  princely 
seal. 

Greiz,  March  28,  1867. 
[L.S.]  HEINRICH   XXII. 

Dr.  Herrmann. 


REUSS,  YOUNGER  LINE. 

REVISED  CONSTITUTION  OF  APRIL  14,  1852.^ 
[Preamble.] 

We,  Heinrich.  the  sixty-second,  the  oldest  ruling  Prince  of  the 
Younger  Line  and  the  whole  family  of  Reuss,  Count  and  Lord  of 
Plauen,  Lord  of  Greiz,  Kranichfeld,  Gera,  Schleiz,  and  Lobenstein, 
etc.,  etc. 

A  reyision  of  the  Constitution  having  been  made  necessary  by 
reason  of  the  changes  in  the  public  circumstances  of  the  entire  Ger- 
man Fatherland  resulting  since  the  publication  of  the  Constitution 
of  November  30,  1849,  and  this  revision  having  been  undertaken  in 
accord  with  the  first  regular  Diet  opened  November  lOtli  of  last  year, 
we  therefore  announce,  at  the  same  time  expressly  abrogating  the 
above-mentioned  Constitution  of  November  30,  1849,  the  following 
new  Constitution  agreed  upon  on  the  basis  of  discussions  carried 
on  for  that  purpose : 

Section  I. — State  Territory. 

Article  1.  The  Principality  of  Reuss,  Younger  Line,  forms  an  in- 
divisible, independent  part  of  the  German  Confederation. 

Art.  2.  The  constitutional  decrees  and  laws  of  the  German  Con- 
federation are  statutable  for  the  Principality  and  receive  binding 
force  through  publication  prescribed  by  the  Prince. 

Art.  3.  The  organization  which  shall  become  necessary  for  the 
administration  of  the  State  shall  result  by  law. 

Art.  4.  The  boundaries  of  the  State  can  be  changed  only  by  force 
of  a  law. 

The  rectification  of  boundaries  with  a  neighboring  State,  by  which 
only  individual  parcels  are  exchanged  or  ceded  for  the  establishment 
of  a  well-adjusted  demarcation,  but  by  which  subjects  are  not  trans- 
ferred, can  take  place  without  the  consent  of  the  National  Assembly. 

Section  II.^ — The  Reigning  Prince. 

Art.  5.  The  Reigning  Prince  unites  in  himself  all  the  rights  of 
supreme  power,  and  exercises  these  according  to  the  Constitution. 

1  Translation  by  Richard  Jente  based  on  text  as  found  in  Stoerk-Rauchhaupt,  pp. 
305-320. 

2  The  changed  wording  printed  here  of  sections  II  and  III,  and  of  article  53  in  section 
IV  and  article  107  in  section  XI  of  the  Constitution  of  April  14,  1852,  was  authorized 
and  published  by  law  of  June  20,  1856,  regarding  the  change  of  some  parts  of  the  Con- 
stitution issued  on  April   14,  1852. 

256 


CONSTITUTION   OF   REUSS,   YOUNGER  LINE.  257 

His  person  is  sacred  and  inviolable. 

Art.  6.  The  extent  to  which  the  Reigning  Prince  is  bound  to  the 
cooperation  with  the  National  Assembly  in  the  exercise  of  govern- 
mental rights,  w^ill  be  determined  by  the  Constitution. 

Art.  T.  The  Reigning  Prince  can  pardon  and  mitigate  punish- 
ments and  also  stop  legal  proceedings. 

Art.  8.  The  Government  of  the  land  with  all  its  present  and  future 
parts,  as  well  as  the  princely  possessions  belonging  to  primogeni- 
ture, are  hereditary  in  the  male  line  of  the  Princely  House  in  con- 
formity with  the  family  laws  according  to  the  right  of  primogeni- 
ture and  agnatic  succession. 

Art.  9.^  If  the  Prince  is  under  age,  or  permanently  prevented  from 
ruling  in  person  for  some  other  reason,  a  regency  will  intervene. 

The  regency  will  fall  to  the  agnate  next  in  succession  who  is  ca- 
pable of  governing. 

With  the  acceptance  of  the  regency  the  regent  has  to  draw  up  a 
document  of  asservation,  that  he  will  upon  his  princely  word  and 
honor  maintain  the  Constitution  of  the  State,  and  govern  in  accord 
with  the  Constitution  and  the  laws. 

The  original  of  this  document  of  asservation  will  be  deposited  in 
the  archives  of  the  Diet. 

Art.  10.  The  detailed  provisions  of  the  family  compacts  and  the 
family  traditions  will  apply  regarding  the  attainment  of  majority, 
the  equality  of  birth,  the  division  of  the  princely  family  and  private 
possessions,  the  position  of  the  princely  family  and  private  posses- 
sions, the  position  of  the  princely  widows,  the  posthumous  children 
and  other  members  of  the  Princely  House.^ 

Art.  11.  The  changes  in  the  family  laws  arising  in  accordance  with 
the  Family  Constitution  shall  be  established  only  with  the  consent 
of  the  National  Assembly,  if  they  affect  the  order  of  succession,  the 
guardianship  over  a  Prince  subsequently  appointed  to  the  Govern- 
ment, the  regency  existing  during  such  guardianship,  and  the  ma- 
jority of  the  latter. 

Section  III.^ — The  Rights  and  Duties  of  Subjects. 

Art.  12.  The  rights  and  duties  of  subjects  are  in  general  deter- 
mined according  to  existing  laws. 

Art.  13.  Nationality  (the  rights  of  natives)  belongs  to  a  person  by 
reason  of  birth  or  is  especially  acquired  by  express  admission,  and 
is  forfeited  by  emigration  or  similar  act. 

1  A  rewording  of  article  9  by  law  of  November  9,  1893. 

2  The  Family  Statute  of  December  1,  1858,  fixes  for  the  attainment  of  majority  for  all 
members  of  the  Princely  House  the  completed  twenty-first  year.  Cf.  H.  Schulze,  Haus- 
gesetze,  vol.  2,  p.  357  et  seq.,  for  family  statute  8uh  supplementary  statute  of  August  6» 
1861. 

^Cf.  note  to  section  II. 

92975—19 17 


258  CONSTITUTIONS  OF   THE  GEKMAN   STATES. 

Art.  14.  The  enjoyment  of  local  civil  rights,  whether  in  cities  or 
communities,  can  belong  only  to  citizens. 

Art.  15.  Citizenship  is  acquired  by  admittance  into  the  civil  and 
municipal  society  of  a  local  community  of  the  country,  and  by  taking 
the  oath  fixed  in  article  105  of  the  revised  Constitution  with  the 
intention  of  such  admission. 

Art.  16.  Citizenship  ceases: 

1.  With  the  loss  of  nationality ; 

2.  With  the  legal  sentence  to  a  dishonoring  punishment,  irrespective 
of  a  probable  subsequent  rehabilitation ; 

3.  By  the  legal  decision  of  a  competent  judge  expressly  pro- 
nounced in  such  case. 

Art.  it.  The  lack  or  loss  of  citizenship  is  in  itself  without  influ- 
ence upon  nationality  as  well  as  upon  the  mere  civil  rights  and 
duties,  unless  special  laws  establish  an  exception. 

Art.  18.  Every  subject  has  the  right  of  free  emigration  with  ob- 
servation of  the  legal  provisions. 

Permission  to  emigrate  may  not  be  connected  with  the  condition 
of  the  payment  of  emigration  taxes. 

Art.  19.^  The  enjoyment  of  civil  and  political  rights  is  inde- 
pendent of  religious  creed. 

Art.  20.^  Every  inhabitant  of  the  land  has  the  complete  freedom 
of  conscience  and  the  exercise  of  religion.  Religion  may,  however, 
never  be  used  as  a  pretext  to  escape  any  legal  obligation. 

The  Christian  religion  will  be  established  as  the  basis  of  those  in- 
stitutions of  the  State  which  are  connected  with  the  exercise  of 
religion. 

Art.  21.  Property  and  other  rights  and  prerogatives  can  be  claimed 
for  purposes  of  the  State  or  of  a  community  or  of  such  persons  who 
are  exercising  rights  of  the  same,  only  in  cases  and  forms  determined 
by  law  and  with  full  previous  indemnification. 

Art.  22.  It  shall  be  free  to  everyone  to  lodge  a  complaint  regarding 
the  conduct  or  procedure  of  a  public  authority  disadvantageous  to 
his  interests  and  contrary  to  the  Constitution,  law  or  order,  with  the 
office  directly  superior  to  that  authority,  and  to  prosecute  such  a 
complaint  if  necessary  even  to  the  highest  authorities.  If  the  com- 
plaint lodged  is  deemed  unfounded  by  the  superior  authority,  the 
latter  is  obliged  to  reveal  to  the  complainant  the  reasons  for  his 
decision. 

Art.  23.  Likewise  in  every  case  where  anyone  believes  himself 
injured  in  his  rights,  legal  complaint  shall  remain  open  to  him, 
and  also  in  proper  cases  the  liberty  to  request  an  appeal  to  the  Diet. 

1  Articles  19  and  20  of  the  Constitution  were  brought  into  valid  form  by  law  of  July 
19,  1867.  Cf.  also  the  Federal  Law  of  July  3,  1869,  regarding  the  equality  of  con- 
fessional  rights. 


CONSTITUTION   OF   REUSS,   YOUNGER  LINE.  259 

Aside  from  cases  in  which  according  to  express  legal  injunction 
the  taking  of  legal  steps  may  result,  legal  complaint  is  in  general  not 
open  in  cases  where  the  alleged  violation  of  rights  rests  upon  an 
application  of  prerogatives  of  the  State  or  Sovereign,  performed 
at  the  decree  of  the  State  authorities,  and  where  a  right  can  not 
be  proved  violated  by  the  same,  which  is  based  upon  a  definite  title 
and  by  which,  excepting  the  field  of  civil  law,  the  application  of  the 
above-mentioned  State  prerogative  is  limited  in  the  individual  case. 

Akt.  24.  In  general  it  is  open  to  the  individual  subject,  as  well  as 
to  whole  communities  and  corporate  bodies  to  deliberate  and  prefer 
their  wishes  and  requests  by  legal  means. 

Art.  25.  Exclusive  trade  and  industrial  privileges  shall  no  longer 
be  granted  without  the  consent  of  the  Diet.  Patents  for  inventions 
can  be  granted  by  the  Government  for  a  definite  period,  however  not 
longer  than  for  ten  years. 

Art.  26.  Laws  now  existing  for  such  cases  and  the  provisions  of  the 
laws  of  the  Confederation  shall  decide  conditions  of  the  press  and 
book  trade  as  well  as  questions  pertaining  to  the  right  of  union  and 
assembly,  and  in  fact  as  regards  conditions  of  the  press  and  book 
trade  they  shall  remain  in  force  until  that  time  when  a  generally 
binding  Federal  press  law  shall  be  promulgated  for  the  German 
Federal  States  and  also  in  our  own  lands. 

Art.  27.  The  secrecy  of  letters  is  to  be  kept  inviolable. 

The  wilful  indirect  or  direct  violation  of  such  secrecy  shall  be 
penally  punished. 

Exceptions  occur  only  in  criminal  investigations  and  cases  of  war. 

Art.  28.  Every  person  capable  of  bearing  arms  is  obliged  to  de- 
fend the  Fatherland  in  case  of  need,  and  the  laws  in  question  deter- 
mine the  details  of  obligation  to  military  service. 

Art.  29.  The  independent  administration  of  their  community  af- 
fairs under  the  supervision  of  the  State  shall  be  assured  the  com- 
munities in  legal  manner. 

Art.  30.  The  property  and  the  income  of  the  communities  and 
their  institutions  may  never  be  united  with  the  State  property  or 
State  income. 

Art.  31.  The  special  relations  of  State  officials  are  directed 
according  to  the  laws  and  rules  of  service  dealing  with  the  rights 
and  duties  of  such  persons. 

Art.  32.  A  regulation  absolutely  excluding  an  application  for  dis- 
charge from  service  is  illegal. 

Art.  33.  Every  State  official  is  responsible  for  the  performance 
of  his  official  duty  unless  he  has  been  directed  to  undertake  it  by  his 
superior  authority. 

Art.  34.  The  administration  of  justice  is  separated  from  the  Stat© 
administration. 


260  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  35.  Tlie  taking  and  prosecution  of  prescribed  legal  steps  be- 
fore the  courts  of  the  country  may  not  be  prevented. 

Art.  36.1 

Art.  37.  No  one  may  be  deprived  of  his  regular  judge,  whether  in 
civil  or  criminal  cases,  unless  it  occur  in  the  regular  way  according 
to  the  principles  of  existing  law  through  the  competent  higher  court. 

Accordingly,  extraordinary  commissions  and  courts  of  justice  may 
not  be  introduced,  unless  the  state  of  war  has  been  declared,  in  which 
cases  military -court  jurisdiction  can  take  place  within  the  prescribed 
limits  against  civilians  also. 

Art.  38.  No  one  may  be  subjected  to  trial,  placed  in  custody,  de- 
tained there,  or  punished  otherwise  than  in  the  cases  and  forms  deter- 
mined by  law. 

Art.  39.  Every  person  in  custody  must  be  informed  of  the  cause  of 
his  arrest  and  be  examined  by  a  court  official  of  the  court  arresting 
him  or  of  that  court  to  which  he  is  to  be  delivered,  if  possible  at 
once,  or  at  latest  within  forty-eight  hours  after  his  arrest  or  delivery. 

Every  person  taken  into  custody  for  trial  must  be  delivered  with- 
out delay  to  the  competent  court.  • 

Art.  40.  Domiciliary  visit  takes  place  only  at  the  direction  of  a 
competent  court  or  police  authority. 

Art.  41.  No  accused  person  may  be  denied  the  right  of  statement 
of  grievances  during  trial,  the  right  of  defence  or  the  decision,  if  he 
demands  it. 

Art.  42.  The  person  in  custody  is  permitted  under  proper  legal  su- 
pervision to  conduct  family  affairs  with  his  relatives  in  word  and 
writing,  and  also  to  procure  during  trial  from  his  own  means  better 
food  than  the  ordinary. 

This  permission  can  be  denied  by  the  court  because  of  abuse  or 
other  justified  reasons. 

Art.  43.  The  courts  for  civil  and  criminal  law  are  independent  in 
all  instances  within  the  limits  of  their  judicial  qualifications.  Such 
courts  decide  according  to  the  existing  rights  and  laws  without  any 
outside  influence.  They  shall  be  protected  in  their  procedure,  espe- 
cially also  in  the  execution  of  their  decrees  and  decisions — ^however, 
without  encroachment  upon  the  decrees  of  the  higher  court  authori- 
ties and  without  detriment  to  the  Prince's  right  of  pardon — and  suit- 
able assistance  shall  be  herein  performedi  by  all  civil  and  military 
authorities. 

Art.  44.  In  the  future,  confiscation  caii  take  place  only  in  the  case 
of  individual  things  which  have  served  as  objects  or  implements  of  a 
crime.    A  general  confiscation  of  property  will  occur  in  no  case. 

*  Article  36  rescinded  by  law  of  September  12,  1879 ;  cf.  also  the  note  to  articles 
113-115. 


CONSTITUTION   OF    EEUSS,   YOUNGER   LINE.  261 

Art.  45.  Moratoriums  may  be  conferred  only  under  prerequisites 
and  conditions  established  by  common  law,  as  the  case  may  be. 

Art.  46.  As  regards  the  exercise  of  hunting  and  the  conditions  to 
be  fulfilled  thereby,  provisions  may  be  issued  by  statute,  which  hoAV- 
ever  may  not  affect  the  rights  of  the  land-owners  as  such  in  respect 
to  hunting. 

Art.  47.  The  indirect  and  direct  exercise  of  ecclesiastical  powder 
over  the  Evangelical-Lutheran  State  Church  remains  as  heretofore, 
in  the  hands  of  the  Prince. 

In  liturgical  matters  decrees  are  issued  by  the  consistory,  and  no 
essential  innovations  shall  in  general  be  cultivated  before  an  especially 
convoked  synodal  assembly  is  questioned  on  such  matters. 

Art.  48.  Provision  is  to  be  made  at  all  times  as  far  as  possible  for 
public  education,  as  well  as  for  the  maintenance  and  development  of 
the  lower  and  higher  institutions  of  learning. 

Art.  49.  All  institutions  without  exception,  whether  determined 
for  religion,  education,  or  benevolence,  are  under  the  special  protec- 
tion of  the  State,  and  the  property  or  income  of  such  institutions  may 
under  no  circumstances  be  included  in  State  property. 

Section  IV. — The  National  Assembly. 

Art.  50.  The  rights  of  the  people  are  represented  by  freely  elected 
deputies  without  class  distinction. 

Art.  51.^ 

Art,  52.  No  representative  of  the  people  can  have  his  vote  exer- 
cised by  proxy,  nor  receive  instructions  for  his  vote. 

Art.  53.2  Upon  entrance  into  the  Diet  Assembly  each  member  of 
it  solemnly  swears  as  follows : 

I  promise  that  faith  toward  the  Prince,  the  Princely  House,  the  country  and 
the  Constitution  shall  guide  me  in  my  motions  and  voting  as  a  member  of  the 
Diet,  and  that  I  will  support  in  the  Diet  Assembly  the  welfare  of  the  Sovereign 
nnd  the  welfare  of  the  Fatherland  as  inseparably  connected  with  one  another, 
by  averting  all  injury  and  by  furthering  all  advantage,  without  personal  con- 
siderations and  without  all  other  secondary  considerations,  to  the  best  of  my 
knowledge  and  conscience. 

Section  V. — The  Rights  and  Duties  of  the  National  Assembly. 

Art.  54.  To  the  National  Assembly  there  belong  in  general  the 
following  rights: 

{a)  Cooperation  in  taxation,  especially  the  right  of  granting 
supplies ; 

{b)   Cooperation  in  the  regulation  of  the  State  finances,  as  well  as 

(<?)  in  legislation; 

1  Article  51   rescinded  by  law  of  January  17,   1871. 

2  Cf.  the  note  on  section  II. 


262  CONSTITUTIONS   OF   THE  GERMAN   STATES. 

{d)  The  right  of  proposing  laws,  the  right  of  complaint,  the  right 
of  address,  as  well  as  the  right  of  impeachment  of  a  minister. 

Section  VI. — The  Granting  of  Supplies  and  the  Administration  of 

Finances, 

Art.  55.  The  National  Assembly  has  the  duty,  besides  supervising 
the  whole  State  property,  to  cooperate  in  such  a  way  that  the  con- 
tributions of  the  citizens  are  not  only  demanded  with  economy  and 
distributed  with  justice  for  the  purposes  required  for  the  adminis- 
tration of  the  country  and  for  the  common  weal,  but  also  that  the 
entire  State  income  is  applied  with  exactness  and  conscientiousness 
according  to  its  precise  indication. 

Art.  56.  For  this  purpose  an  exact  estimate  (budget)  shall  be 
presented  to  the  National  Assembly  for  deliberation  regarding  what 
is  necessary  for  the  purposes  of  the  State  in  their  various  relations, 
and  the  requirements  shall  be  examined  and  established  in  common 
with  it;  the  manner  in  which  this  amount  is  to  be  raised  shall  be  de- 
termined with  it;  without  its  express  consent  no  new  taxes  of  any 
sort  may  be  imposed  and  no  assessment  may  be  demanded  after  the 
period  of  grant  has  expired. 

Art.  57.  However,  expired  appropriations,  unless  they  were  de- 
termined for  a  temporary  object  already  attained,  must  also  be  con- 
tinued in  the  meantime  up  to  the  constitutional  period  of  the  next 
Diet  and  after  the  opening  of  the  Diet  up  to  the  determination  of 
the  new  budget  and  the  establishment  of  the  means  necessary  for 
its  security. 

However,  this  further  levy  may  not  continue  beyond  the  next 
financial  period,  for  then  the  approval  of  the  National  Assembly 
will  be  absolutely  necessary. 

Art.  58.  The  granting  of  supplies  may  not  be  joined  by  the  Na- 
tional Assembly  to  the  condition  of  fulfilment  of  definite  motions  not 
connected  with  the  budget.  It  can,  however,  always  demand  a  com- 
plete survey  and  attestation  of  the  needs  of  the  State  and  the  State 
income. 

Art.  59.  If  the  State  Government  and  the  National  Assembly  are 
in  accord  with  the  budget  and  the  public  assessments  necessary  for  its 
defrayment  for  the  next  financial  period,  and  with  the  amount  and 
the  ways  and  means  of  levy,  these  assessments  shall  be  imposed  and 
made  known  by  means  of  princely  patent  as  sanctioned  by  the  Na- 
tional Assembly. 

Art.  60.  A  complete  account  will  be  made  annually,  regarding  the 
application  of  the  supplies  and  assessments  granted,  as  well  as  the 
entire  State  income. 


CONSTirUTION  OP  BBUSS,  YOUNGER  LINE.  263 

To  the  National  Assembly  there  belongs  the  right  to  examine  the 
accounts  regarding  the  requirements  of  the  State  covered  by  the 
State  treasury  and  to  demand  information  regarding  objections 
noticed  in  them. 

See  articles  98,  99,  100,  and  101  on  the  Diet  Committee.  ' 

Items  for  gifts  of  honor  and  other  similar  expenses  can  only  occur 
when  a  written  assurance  of  the  Prince  countersigned  by  the  Prime 
Minister  and  the  other  members  of  the  Ministry  testifies  that  the 
application  has  taken  place  or  will  take  place  to  the  real  advantage 
of  the  country.  To  avoid  formalities  the  resulting  expenditure  is  to 
be  communicated  to  the  Diet  Committee.^ 

Art.  61.  The  entire  national  debt  is  placed  under  the  responsibility 
of  the  National  Assembly. 

The  consent  of  the  National  Assembly  is  necessary  for  the  assump- 
tion of  new  national  debts  and  the  creation  of  treasury  certificates. 

The  counter-signature  of  the  Diet  Committee  is  necessary  on  deben- 
tures issued  by  the  State — article  99b — . 

Neither  those  advances  assumed  for  the  liquidation  of  former  na- 
tional debts  nor  the  issuing  of  new  debentures  in  place  of  former  ob- 
ligations (conversion)  are  to  be  regarded  as  new  national  debts. 

Art.  62.  In  extraordinary  cases,  for  example,  in  times  of  war,  in 
the  necessity  of  prompt  fulfilment  of  duties  toward  the  Confedera- 
tion, when  the  requirements  of  the  State  can  be  met  neither  by  the 
regular  nor  extraordinary  contributions  of  the  citizens  without  too 
great  burdening  of  them,  but  when  the  convoking  of  the  Diet  does  not 
seem  immediately  feasible,  the  Ministry  can  raise  the  sum  on  its  own 
responsibility  and  with  the  obligation  that  it  will  give  an  account 
regarding  the  necessity  and  application  of  the  same  to  the  next  Diet 
Assembly. 

Section  VII. — Legislation. 

Art.  63.  Legislative  power  is  exercised  in  common  by  the  Prince 
and  the  National  Assembly. 

The  agreement  of  the  Prince  and  the  Diet  is  necessary  for  every 
law. 

Art.  64.  Drafts  of  laws  are  presented  by  the  Prince  to  the  National 
Assembly ;  likewise  the  latter  has  the  right  to  make  motions  regard- 
ing new  laws  as  well  as  changes  or  annulment  of  existing  laws,  and 
to  present  drafts  for  this  purpose. 

Art.  65.  The  Prince  sanctions  laws  and  makes  them  known.  In 
the  announcement  reference  is  made  to  the  given  consent  of  the  Na- 
tional Assembly  (article  42). 


1  The  insertion  of  paragraph  3  (or  rather  paragraph  4)  resulted  through  a  sovereign 
decree  of  March  15,  1860,  dealing  with  revised  wording  and  completion  of  several  pro- 
visions of   the  Constitution. 


264  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  66.  The  Prince  also  issues  such  decrees  which  by  nature  re- 
quire the  consent  of  the  National  Assembly,  but  are  urgently  de- 
manded by  the  welfare  of  the  State,  and  the  object  of  which  would 
be  frustrated  by  delay,  with  the  exception  of  each  and  every  change 
in  the  Constitution  and  election  law.  The  Ministry  is  responsible 
for  the  fact  that  the  welfare  of  the  State  demanded  haste. 

Art.  67.  All  decrees  issued  in  such  manner  are  to  be  presented  to 
the  next  Diet  for  the  subsequent  passing  of  a  resolution. 

If  the  consent  of  the  Diet  is  denied  such  a  decree  it  does  not  fol- 
low that  the  latter  shall  be  ineffective  during  the  time  passed  since 
its  issuance. 

Art.  68.  The  Prince  can  not  be  prevented,  and  the  necessary 
means  can  not  be  denied  by  the  National  Assembly,  in  the  execution 
of  the  constitutional  resolutions  of  the  authority  of  the  Confedera- 
tion. 

The  cooperation  of  the  National  Assembly  is  necessary  respecting 
the  manner  and  method  for  the  raising  of  means. 

Art.  69.  In  all  relations  to  other  States  the  Prince  represents  the 
State  alone. 

Art.  70.  No  part  of  the  national  territory  and  national  property 
can,  however,  be  disposed  of  by  treaties  with  other  States,  no  burden 
can  be  taken  over  upon  the  land  or  its  citizens,  and  no  national  law 
can  be  changed  or  annuled,  and  also  no  obligation  can  be  entered  into 
which  would  encroach  upon  the  rights  of  the  citizens,  without  the 
consent  of  the  National  Assembly,  which  must  be  requested  and  giv^n 
■before  definite  agreement. 

Art.  71.  Treaties  already  concluded  are  excepted  from  this  con- 
sent for  their  stipulated  duration. 

Art.  72.  The  Prince  can  withdraw  a  draft  of  a  law  presented  to 
the  National  Assembly  while  the  discussion  of  it  is  still  going  on. 

Art.  73.  The  declaration  of  the  Estates,  whereby  a  proposed  law 
is  either  entirely  rejected  or  in  which  changes  are  suggested,  must 
contain  the  statement  of  motives. 

Art.  74.  Proposed  laws,  which  have  been  rejected  by  the  Prince  or 
by  the  National  Assembly,  can  be  presented  again  to  a  subsequent 
Diet  unchanged,  but  only  in  changed  form  during  the  same  Diet. 

Art.  75.  Motions  made  by  the  National  Assembly  for  the  perfect- 
ing of  legislation  and  the  Constitution,  or  drafts  of  laws  introduced, 
are  to  be  taken  into  consideration  during  the  Diet  at  which  they 
were  presented. 

Section  VIII. — The  Supervision  of  Administration. 

Art.  76.  The  National  Assembly  is  permitted  to  report  abuses 
which  are  known  to  it  in  the  various  branches  of  the  administration, 
for  the  purpose  of  redress. 


YOUNGER  LINE.  265 

Art.  77.  Upon  request  complete  information  shall  be  imparted  to 
the  National  Assembly  regarding  the  complaints  which  are  men- 
tioned in  part  by  the  deputies  and  in  part  by  petitions  of  others,  and 
each  complaint  presented  by  the  National  Assembly,  shall  be  investi- 
gated with  exactness  and  care  and  be  remedied,  in  so  far  as  it  is 
found  to  be  valid. 

Art.  78.  Individuals,  societies  and  corporate  bodies  can  apply  to 
the  National  Assembly  with  complaints  regarding  the  violation  of 
rights  suffered,  only  after  they  have  unavailingly  taken  the  legal  and 
constitutional  course  with  the  State  authorities  to  receive  redress  of 
their  complaints. 

Art.  79.  Complaints  and  petitions  may  not  be  presented  personally 
either  by  a  private  person,  or  by  societies,  or  by  corporate  lx)dies, 
but  they  must  rather  be  introduced  to  the  Diet  directors  either  di- 
rectly or  through  a  member  of  the  Diet  Assembly. 

Section  IX. — Provisions  regarding   the  Exercise  hy  the  Diet  of 
Rights  helonging  to  the  National  Assembly. 

Art.  80.  The  rights  belonging  to  the  National  Assembly,  with  the 
exception  of  the  particular  rights  and  powers  transferred  to  the  Diet 
Committee  in  section  X,  are  exercised  exclusively  by  the  same  in  the 
Diet. 

Art.  81.  The  Diet  shall  be  convoked  by  the  State  Government 
either  according  to  its  own  judgment  or  at  the  suggestion  of  the  Na- 
tional Assembly  every  three  years  in  the  month  of  January^  and 
besides  this  as  often  as  it  is  considered  necessary  for  the  settlement 
of  urgent  and  important  State  affairs. 

Art.  82.  The  appointment  of  the  convocation  of  the  Diet  is  issued 
by  the  Prince. 

Art.  83.  Every  deputy  called  is  obliged  to  appear  personally  in 
response  to  the  summons  on  the  day  before  the  opening  of  the  Diet 
and  to  report  his  presence  to  the  Ministry. 

Art.  84.  If  the  deputy  is  prevented  from  being  present  at  the  Diet, 
he  has  to  report  and  excuse  his  absence  to  the  Ministry  in  writing,  so 
that  his  substitute  can  be  summoned  in  time,  or  a  new  election  be 
instituted  if  need  be. 

Art.  85.  A  Government  official  who  has  been  elected  national  repre- 
sentative does  not  need  any  leave  of  absence;  a  mere  report  of  the 
matter  to  the  superior  authority  is  sufficient. 

A  law  shall  be  issued  with  reference  to  the  substitution  in  the  office 
of  a  deputy  already  elected,  and  also,  on  the  manner  in  which  the 
expenses  of  this  substitution  are  to  be  met. 


^  In  tlie  place  of  "  in  the  month  of  October  "  since  the  law  of  May  7,  1010. 


266  CONSTITUTIONS   OF   THE  GERMAN   STATES. 

The  entrance  of  a  deputy  into  Government  service,  as  well  as  the 
advancement  or  amelioration  of  a  Government  official  in  office,  who 
has  been  elected  deputy,  makes  a  new  election  necessary. 

The  retiring  deputy  is  eligible  to  reelection. 

Art.  86.  If  at  least  two-thirds  of  the  deputies  are  not  present,  the 
Diet  can  neither  be  opened  nor  can  preparatory  negotiations  be  other- 
wise undertaken   with  legality. 

Art.  87.  The  Diet  examines  the  elections  of  its  members  and  de- 
cides them ;  it  regulates  its  course  of  business  by  an  order  of  business 
and  elects  its  president,  vice-president  and  secretary. 

Art.  88.  The  Diet  negotiates  with  the  Prince  by  means  of  the 
Ministry.  Therefore  the  National  Assembly  has  to  apply  to  it  alone 
for  all  information,  or  for  the  materials  which  it  needs  for  its 
business.  The  Ministry  receives  declarations  and  decisions,  which 
are  to  be  delivered  by  the  National  Assembly  as  well  as  its  other 
protests,  petitions,  and  complaints. 

Art.  89.  At  least  one  member  of  the  Ministry  or  its  commissioners 
must  be  present  at  the  meetings  of  the  Diet  to  impart  information 
and  to  represent  the  National  Government  in  every  respect. 

Art.  90.  The  opening  of  the  Diet  results  through  the  Prince  or 
at  his  direction  through  the  Ministry. 

Art.  91.  The  discussions  of  the  Diet  are  as  a  rule  public.  But 
they  are  changed  to  secret  discussions  at  the  motion  of  the  Govern- 
ment commissioners  or  individual  members  of  the  Assembly. 

The  order  of  business  shall  determine  the  details  of  this  matter. 

Art.  92.  The  presence  of  at  least  two-thirds  of  the  deputies  is 
necessary  for  the  legality  of  a  decision  in  the  Diet. 

Art.  93.  A  decision  of  the  Diet  can  be  prevented  neither  by  prot- 
estation, nor  by  appeal  to  highest  judgment,  nor  by  any  other  means. 

The  minority  must  submit  to  the  majority. 

Art.   94.^  No  member  of  the  Diet   can  without  its  consent  be 
brought  to  trial  or  be  taken  into  custody  during  the  period  of  ses- 
sion for  an  act  liable  to  punishment,  except  if  he  be  apprehended 
in  the  perpetration  of  the  act  or  in  the  course  of  the  days  imme 
diately  following  thereupon. 

No  member  of  the  Diet  may  bs  prosecuted  by  law  or  censured  at 
RTiy  time  because  of  his  manner  of  voting  in  the  Diet,  or  because 
of  remarks  made  in  the  exercise  of  his  duties,  nor  can  he  be  other- 
wise called  to  account  outside  of  the  Assembly. 

The  maintenance  of  order  in  the  interior  of  the  House  belongs 
to  the  president  according  to  the  order  of  business. 

Art.  95.  All  deputies  enjoy  for  the  period  of  their  stay  at  the 
Diet  from-  the  day  before  opening  up  to  and  including  the  day  of 

^"Paragraph  2  of  article  94  was  substituted  for  the  former  limiting  provisions  by  law 
of  June  18,  1868. 


CONSTITUTION   OF   BEUSS,   YOUNGEE  LINE.  267 

closing  of  the  Diet  a  daily  allowance,  regarding  which  an  especial 
regulation  will  be  agreed  upon  with  the  Diet. 

These  daily  allowances,  as  well  as  the  entire  expense  for  the 
Assemblies  of  the  Estates  will  be  defrayed  by  the  national  treasury. 

No  deputy  may  renounce  his  dail}^  allowances. 

Art.  96.  The  Diet  is  closed  by  a  prorogation  of  the  Diet,  with 
which  the  Assembly  is  dismissed  by  the  Prince  himself  or  by  the 
Ministry. 

Art.  97.  To  the  Prince  belongs  the  right  to  adjourn  or  dissolve 
the  Diet  by  a  statement  of  reasons. 

Without  the  consent  of  the  Diet  the  adjournment  may  not  exceed 
a  period  of  thirty  days  and  may  not  be  repeated  during  the  same 
Diet  period. 

In  case  of  the  dissolution  of  the  Diet  the  mandates  of  all  the 
deputies  are  automatically  out  of  force;  however,  the  members  of 
the  dissolved  Diet  are  still  eligible  to  election. 

The  period  for  the  meeting  of  the  newly  elected  Diet  may  not 
be  extended  beyond  sixty  days  after  the  dissolution  has  taken  place. 

A  deputy  who  has  resigned  his  mandate  without  the  permis 
sion  of  the  Diet  is  not  eligible  to  election  again  for  the  current 
Diet  period. 

Sfxtion  X. — I'he  Diet  Coramittee. 

Art.  98.  During  the  period  betAveen  two  regular  Diets  a  committee 
exists,  which  is  composed  of  the  last  president  of  the  Diet  and  two 
deputies  to  be  elected  from  the  Assembly  b}'  simple  majority  of  votes, 
in  which  election  provision  must  be  made  that  each  of  the  three 
former  principalities  of  Keuss,  younger  line,  are  represented. 

Art.  99.^  The  obligations  and  powers  of  this  committee  are: 

{a)  To  maintain  the  rights  of  the  National  xVssembly,  to  supervise 
the  execution  of  decisions  passed  by  the  Sovereign  and  the  Diet,  to 
report  to  the  National  Government  in  urgent  cases  and  present  pro- 
tests and  complaints  to  it,  and,  if  it  should  seem  necessary,  to  suggest 
a  convocation  of  an  extraordinary  Diet  with  statement  of  reasons ; 

(fi)  To  countersign  Government  bonds  on  funds  raised  in  national 
exchequers  by  constitutional  means ; 

(c)  To  examine  the  accounts  regarding  the  finances,  to  inspect 
especially  the  vouchers,  to  draw  up  memoranda,  to  see  that  the  fixed 
budgets  are  adhered  to,  and  to  negotiate  with  the  Princely  Ministry 
on  this  matter  in  writing ; 

1  Articles  99,  subdivisions  c  and  d,  and  100,  together  with  those  unnumbered  supple- 
mentary provisions  incorporated  only  generally  in  section  X,  regarding  the  functions  of 
the  Diet  Committee  as  a  commission  of  the  Estates  for  the  administration  of  the  national 
debt  (article — following  article  101)  received  their  present  wording  by  the  sovereign 
decree  of  March  15,  1860,  cited  under  article  60. 


268  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

id)  To  desire  or  receive  from  the  Princely  Ministry  confidential 
verbal  statements  regarding  special  personal  or  material  circum- 
stances which  have  come  up  or  are  coming  up  for  discussion  (cf. 
article  60). 

Art.  100.^  Before  convocation  of  a  Diet  through  sovereign  decree 
a  statement  of  accounts  rendered  by  the  Princely  Ministry  to  the 
Sovereign  regarding  each  past  financial  period  must  be  presented  to 
the  Diet  for  examination.  Upon  such  a  report  of  the  Diet  Commit- 
tee the  Diet  makes  its  constitutional  declaration. 

Art.  101.  The  allowances  of  the  members  of  the  committee  result 
each  time  for  the  period  of  conference  according  to  article  95. 

Art.  — }  Besides  the  sovereign  commissioner  the  Diet  Committee 
is  the  commission  of  the  Estates  for  the  administration  of  the 
national  debt.  With  this  end  in  view,  the  member  of  the  Diet  Com- 
mittee from  the  principality  of  Gera  is  in  every  case  the  chairman 
of  the  former  and,  as  delegate  of  the  Diet  Committee,  commissioner 
of  the  Estates  for  the  administration  of  the  national  debt. 

The  Diet  Committee  must  always  retain  its  members,  regardless 
whether  they  have  been  elected  deputies  or  not,. until  a  new  election 
of  the  committee  has  resulted  through  the  Diet.  Likewise  the  Diet 
Committee  must  during  an  assembled  Diet  act  as  commission  for 
the  national  debt. 

Substitutes  can  be  elected  by  the  Diet  in  cases  of  hindrance  for  the 
chairman  of  the  committee  and  commissioner  of  the  Estates  for  the 
administration  of  the  national  debt,  as  well  as  for  the  two  other 
members  of  the  Diet  Committee. 

Section  XI. — Guarantee  of  the  Constitution.    Obligations  of  State 
Officials  to  it.    Responsibility  of  the  Ministry. 

Art.  102.  The  present  Constitution  is  binding  for  all  citizens  after 
its  proclamation  by  the  Prince. 

Art.  103.  Upon  his  accession  to  the  Government  the  Prince  has 
to  draw  up  a  document  of  asseveration  that  he  will  upon  his  princely 
word  and  honor  maintain  the  Constitution  of  the  State,  and  govern 
in  accordance  with  it  and  the  laws. 

The  original  of  this  document  of  asseveration  will  be  deposited 
in  the  archives  of  the  National  Assembly. 

Art.  104.  All  servants  of  the  State  and  officials,  all  magistrates 
and  local  courts,  swear  upon  appointment  to  conscientious  observa- 
tion of  the  National  Constitution. 

Art.  105.  All  citizens  upon  their  reception  into  the  civil  and  com- 
munity rights  ai*e  obliged  to  perform  the  following  oath : 

iCf.  note  to  article  99. 


CONSTITUTION    OF    REUSS,    YOUNGEK    LINE.  269 

I  swear  fidelity  to  the  Prince,  obedience  to  tlie-laws,  and  observation  of  the 
National  Constitution. 

Art.  106.  Every  State  official  is  responsible  for  the  legality  and 
constitutionality  of  his  official  activity. 

Art.  107.^  A  member  of  the  Ministry  has  to  countersign  the  orders 
and  decrees  issuing  from  the  Prince  and  referring  to  the  Government 
and  the  administration  of  the  State  as  a  sign  that  the  affair  in  ques- 
tion has  been  treated  in  constitutional  manner,  and  the  counter- 
signer  is  personally  responsible  for  the  constitutionality  and  legality 
of  the  contents  thereof. 

By  the  counter-signature  in  question  such  orders  and  decrees  receive 
general  authenticity  and  possibility  of  execution. 

This  legal  course  is  authoritative  without  exception  for  the  courts, 
as  well  as  for  all  other  State  authorities,  so  that  it  is  reserved  for 
the  National  Assembly  alone  to  enter  into  negotiations  with  the 
(Tovernment  in  reference  to  the  question  of  the  legal  force  of  decrees 
which  have  been  issued. 

The  above-mentioned  responsibility  can  not  be  abrogated  or 
diminished  by  orders  of  the  Prince. 

Art.  1Q8.  The  NationaL  Assembly  is  empowered  to  set  forth  this 
responsibility  by  complaint  or  by  formal  accusation. 

Art.  109.  Unallowed  actions  or  faults  and  neglects  of  subordinate 
State  officials  can  give  the  National  Assembly  occasion  to  exercise 
this  right,  only  after  complaint  has  been  unavailingly  made  to  the 
competent  higher  authority  and  finally  to  the  Ministry,  and  after 
the  latter  has  made  jtself  guilty  of  an  act  contrary  to  its  duty  by 
the  very  fact  that  such  action  has  been  unavailing. 

Art.  110.  Only  a  statement  of  grievances,  but  not  formal  accusa- 
tion, is  allowed  against  a  higher  official,  whenever  the  inadequacy  of 
a  decree  or  other  measure  urges  the  National  Assembly  to  use  its 
right;  on  the  other  hand,  formal  accusation  takes  place  w^henever 
an  intentional  violation  of  the  Constitution  is  committed. 

Art.  111.  If  the  complaint  is  raised,  the  State  official  or  authority 
aifected  is  brought  to  account. 

If  this  is  not  sufficient,  but  if  the  complaint  raised  is  established 
wholly  or  in  part  by.  the  National  Assembly,  a  notice  will  be  issued 
by  the  Sovereign  regarding  improvement  of  the  fault,  removal  of 
the  deficiencies,  and  abolition  of  abuses,  without  detriment  to  the 
introduction  of  a  formal  investigation,  if,  upon  further  penetration 
into  the  matter,  worse  faults  present  themselves. 

Art.  112.  The  National  Assembly  must  be  given  information  each 
time  regarding  the  success  of  its  statement  of  complaint. 

1  Cf.  note  to  section  II. 


270  CONSTITUTIONS   OF   THE  GERMAN   STATES. 

Art.  113.^  If  formal  accusation  is  raised,  the  joint  High  Court 
of  Appeal  in  Jena  is  exclusively  competent  for  its  investigation  and 
decision.  It  is  free  to  the  accused,  as  well  as  to  the  National  Assem- 
bly, to  demand  the  sending  of  the  proceedings  to  another  German 
court  of  arbitration  with  a  view  to  a  decision  on  the  accusation,  in 
place  of  to  the  High  Court  of  Appeal. 

Art.  114.  Therefore  the  Prince  has  the  complaint  handed  over 
to  the  joint  tribunal  at  Jena.  If  it  finds  the  complaint  sufficiently 
established  and  suitably  supported  by  statement  of  evidence,  it  has 
to  introduce  procedure  according  to  legal  forms,  pronounce  judg- 
ment with  reasons  in  the  name  of  the  Prince  and,  if  legal  means 
have  been  instituted  against  it,  to  observe  the  same  procedure  as  in 
other  matters  which  reach  the  High  Court  of  Appeal  through* com- 
promise (article  41  /  of  the  regulations  of  the  High  Court  of 
Appeal). 

Art.  115.  The  National  Assembly,  or  if  it  is  not  in  session,  the 
Diet  Committee,  will  be  informed  of  the  transfer  of  the  accusation 
to  the  High  Court  of  Appeal.  In  general  it  is  open  to  the  National 
Assembly  to  commission  an  attorney  for  the  prosecution  of  the  com- 
plaint lodged  and  for  the  protection  of  the  interests  of  the  Estates  at 
the  Hi^h  Court  of  Appeal. 

If  in  a  procedure  the  interests  of  the  State  treasury  are  in  ques- 
tion, civil  action  is  to  be  instituted  and  prosecuted  besides  this. 

It  rests  upon  the  organization  of  the  federal  tribunal  whether  the 
accusations  against  a  minister  are  to  be  immediately  raised  and  tried 
there,  or  whether  only  an  appeal  to  the  federal  tribunal  from  the 
decisions  of  the  High  Court  of  Appeal  will  result. 

Art.  116.  Investigations  against  State  officials  for  violation  of  the 
Constitution  or  crimes  committed  in  the  discharge  of  office,  which 
have  been  arranged  in  the  accusation  sent  to  the  Prince,  can  not  be 
suppressed  without  the  consent  of  the  National  Assembly,  and  the 
right  of  pardon  can  not  without  such  consent  be  construed  to  mean 
that  a  State  official  condemned  bj^  legal  judgment  to  removal  from 
office  shall  be  left  in  his  former  position  or  be  otherwise  appointed  to 
Government  service  again,  unless  the  legal  judgment  contains  an  ex- 
press reservation  in  favor  of  the  convicted  man  respecting  reappoint- 
ment. 

Art.  117.  If  doubt  arises  regarding  the  interpretation  of  indi- 
vidual provisions  of  the  Constitution,  and  if  this  can  not  be  removed 
by  agreement  between  the  Government  and  the  National  Assembly, 
the  decision  of  the  Federal  court  of  arbitration  shall  be  sought. 

iThe  provisions  of  articles  113,  114,  and  115  have  been  changed,  in  that  the  Supreme 
Court  in  Jena  is  exclusively  competent  for  the  investigation  and  decision  of  a  formal 
accusation  against  a  responsible  member  of  the  Ministry  in  the  first  and  second  instance. 
The  first  judgment  is  to  be  pronounced  by  the  criminal  court,  the  second  by  the  plenary 
assembly  of  tlie  Supreme  Court.     Law  of  September  12,  1879. 


CONSTITUTION    OF   KEUSS,   YOUNGER   LINE.  271 

Art.  118.  The  present  Constitution  is  placed  under  the  guarantee 
of  the  German  Confederation. 

We  shall  observe  this  Constitution  in  all,  as  well  as  in  its  indi- 
vidual parts,  faithfully  and  conscientiously,  protect  it  against  at- 
tacks and  violations,  and  direct  our  officials  and  servants  to  live  in- 
violably in  accordance  with  it. 

Legally  attested  under  our  own  signature  and  the  affixation  of 
our  princely  seal. 

So  done  at  the  castle  of  Schleiz,  April  14,  1852. 

[L.  s.]  HEINRICH  THE  SIXTY-SECOND, 

Prince  of  Reuss^  of  the  Yomiger  Line. 
Dr.  Hermann  Robert  von  Bretschneider. 


SAXONY. 

CONSTITUTIONAL  LAW   OF  SEPTEMBER  4,    1831.^ 

[Preamble.] 

We,  Anton,  by  the  grace  of  God,  King  of  Saxony,  etc.,  etc.,  etc.,, 
and  Friedrich  August,  Duke  of  Saxony,  etc.,  hereby  proclaim,  that, 
in  consequence  of  the  repeatedly  expressed  wishes  of  our  faithful 
Estates,  and  from  a  due  regard  to  those  regulations  which  have 
already  been  adopted  and  approved,  from  experience,  in  other  coun- 
tries of  the  Germanic  Confederation,  we  have,  with  the  advice  and 
consent  of  the  Estates,  arranged  the  Constitution  of  our  country  in 
the  following  order: 

Section  I. — On  the  Kingdom^  and  the  Government  of  it  generally^ 

ARTICL.E  1.  Indivisibility  of  the  Kingdom. — The  Kingdom  of 
Saxony  is  an  indivisible  State,  united  under  one  Constitution. 

2.  IndHenahility  of  the  essential  parts  and  privileges  of  the 
Crown. — No  essential  portion  of  the  Kingdom,  and  no  privilege  of 
the  Crown,  shall,  in  any  manner,  be  alienated,  without  the  consent  of 
the  Estates. 

Arrangements  as  to  territory,  concluded  with  neighboring  coun- 
tries, shall  not  be  liable  to  this  regulation,  if  no  transfer  of  any  sub- 
jects, who  have  subsequently  belonged  to  the  State,  should  thereby 
be  made. 

3.  Form  of  government. — The  form  of  government  shall  be  mon- 
archical, and  there  shall  be  a  Constitution  of  the  Estates. 

4.  .The  King. — The  King  shall  be  the  Sovereign  Chief  of  the  State, 
shall  unite  in  himself  all  the  right  of  supreme  authority,  and  shall 
exercise  it  according  to  regulations  laid  down  in  the  Constitution. 
His  person  shall  be  sacred  and  inviolable. 

5.  The  King  shall  not  become  the  Sovereign  of  another  state, 
except  in  case  of  inheritance,  nor  reside  permanently  out  of  tha 
country,  without  the  consent  of  the  States. 

6.  Hereditary  sioccession  of  the  family  of  the  Saxon  Sovereign.-^ 
The  Crown  shall  be  hereditary  in  the  male  line  of  the  reigning 
family,  by  the  right  of  primogeniture  and  descent  from  married 
parents  of  equal  birth. 

7.  In  default  of  a  prince,  privileged  to  succeed  to  the  sovereignty, 
either  by  relationship,  or  by  a  reciprocal  compact  of  inheritance,  the 
crown  shall  pass  to  the  female  line  of  the  family,  without  restriction 

1  Based  on  the  version  found  in  20  British  and  Foreign  State  Papers,  pp.  '^1-11.  Re- 
vised and  brought  up  to  date  by  a  comparison  with  Stoerk-Rauchhaupt,  pp.  322-347. 

272 


CONSTITUTION    OF   SAXONY.  273 

as  to  SOX,  the  parents  having  been  of  e(iiial  birth.  The  right  of  succes- 
sion, in  such  cases,  shall  be  decided  by  the  closeness  of  relationship 
to  the  last  reigning  monarch,  by  the  priority  of  claim  of  such  branch 
of  relations,  and  by  the  age  of  the  person.  After  this  transfer  of  the 
right  of  inheritance,  the  preference  shall  again  be  given  to  the  male 
line,  in  the  order  of  primogeniture. 

8.  Majority  of  the,  King. — The  King  shall  attain  his  majority 
upon  completing  the  18th  year  of  his  age. 

9.  Regency. — The  Government  shall  be  conducted  by  a  regent 
during  the  minority  of  the  King,  or  when  he  shall  no  longer  be 
capable  of  directing  it,  and  has  not  made,  or  can  not  make,  the 
necessary  provisions  himself  for  the  administration  of  public  affairs. 

In  both  cases,  the  regency  shall  devolve  upon  the  King's  nearest 
male  relative,  who  shall  have  attained  his  majority. 

It  shall  continue  only  so  long  as  the  King  shall  be  incapable  of 
exercising  the  supreme  authority;  and  legal  notice  shall  be  given 
of  the  commencement  and  conclusion  of  the  discharge  of  the  kingly 
office  by  a  regent. 

10.  Appoinf?7umt,  diuitig  tJui  King's  reign^  of  a  regent  for  Mh  suc- 
cessor.— Should  the  member  of  the  royal  family  next  in  succession 
to  the  throne  display  any  cause  which  would  render  it  impossible  for 
him  to  undertake  the  administration  of  the  country,  the  future 
regent  shall,  nevertheless,  be  appointed,  prospectively,  by  a  law  of 
the  State,  during  the  reign  of  the  King. 

11.  Appointment  of  a  regent  for  the  King. — If  the  King,  during 
his  reign,  or  upon  his  accession  to  the  throne,  should  be  incapacitated 
from  governing  the  country  himself,  and  the  above-mentioned  ap- 
pointment should  not  have  been  previously  made — an  assembly,  con- 
sisting of  the  whole  of  the  princes  of  the  royal  family  at  the  time 
of  the  Kingdom,  who  shall  have  completed  the  21st  year  of  their  age 
(with  the  exception  of  the  prince  entitled  thereto  by  relationship 
and  about  to  be  appointed  regent),  shall  be  convoked  by  the  chief 
authorities  of  the  State  (article  41 ) ,  at  the  latest  within  6  months,  who 
shall  decide,  by  an  absolute  majority  of  votes  and  under  the  previous 
opinion  of  the  latter  authorities,  upon  the  nomination  of  the  regency ; 
and  such  decision  shall  be  communicated  to  the  Estates  then  assembled, 
or  to  be  specially  summoned  for  the  purpose,  for  their  confirmation. 

Should  there  not  be  3  princes,  at  least,  of  the  reigning  branch  of 
the  famil}^  present  at  that  assembly,  the  oldest  ruling  heads  of  the 
Ernestine  line  shall  be  invited,  in  order  to  complete  that  number. 

12.  Authority  of  the  regent. — The  regent  shall  exercise  the  su- 
preme power  agreeably  to  the  Constitution,  and  to  the  extent  to  which 
it  is  exercised  by  the  King,  and  in  His  Majesty's  name. 

92975—19 18 


274  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

Alterations  in  the  constitutional  law  shall  neither  be  proposed  by 
the  regent,  if  the  States  should  have  suggested  them,  nor  approved 
by  him,  unless  with  the  advice  of  the  council  of  his  family,  ap- 
pointed in  pursuance  of  article  11,  and  in  consequence  of  a  decision 
adopted  in  the  manner  therein  prescribed.  Alterations  so  made  shall 
then,  however,  acquire  lasting  validity. 

13.  His  residence  and  maintenance. — The  regent  shall  generally 
reside  within  the  Kingdom,  provided  he  be  not  the  Sovereign  of 
another  country.  His  expenses  shall  be  defrayed  out  of  the  civil 
list  (article  22). 

14.  Council  of  the  regency. — The  chief  authorities  of  the  State 
(article  41)  shall  form  the  Council  of  the  Eegent,  who  shall  be  bound 
to  consult  them  on  all  matters  .of  importance. 

15.  Education  of  the  King  during  Ms  minority. — In  the  absence 
of  any  regulation  of  the  King  upon  the  subject,  the  education  of  the 
Sovereign  during  his  minority  shall  be  entrusted  to  his  mother,  or, 
should  she  have  again  married  or  not  be  living,  to  his  grandmother 
on  his  father's  side;  but  the  appointment  of  a  tutor  and  instructor 
and  the  arrangement  of  the  plan  of  education  shall  be  settled  with 
the  concurrence  of  the  regent  and  his  council.  In  case  of  a  differ- 
ence of  opinion  the  regent  and  his  council  shall  decide  the  point; 
and  they  shall  exclusively  superintend  the  education  of  the  King, 
whilst  a  minor,  in  the  event  of  the  marriage  or  death  of  his  mother 
or  grandmother. 

The  regulations  upon  this  subject  shall  be  carried  into  effect  by  the 
Council  of  the  Regency,  under  the  direction  of  the  regent,  who  shall 
have  one  vote  only  upon  any  resolution  proposed,  but  shall  decide 
in  case  of  an  equality. 

Section  II. — On  the  Property  of  the  State.,  and  Property  atid  Income 

of  the  Royal  Family. 

16.  Public  property. — ^The  property  of  the  State,  a&  an  indivisible 
whole,  shall  consist  of  whatever  is  possessed  or  inherited  by  the 
Crown  in  territories,  domains  of  every  description,  lands,  buildings, 
etc.,  belonging  thereto,  estates,  forests,  mills,  mines,  and  foundries, 
and  works  connected  therewith;  shares  in  mining  establishments, 
capital  stock,  revenues,  pecuniary  privileges,  royal  prerogatives, 
public  institutions,  rents,  mortgages,  etc.,  and  stores  of  every  de- 
scription, and  shall  be  transferred  in  its  fullest  extent  to  every  suc- 
cessor to  the  throne.  The  property  of  the  State  shall  also  include 
the  property  of  the  Royal  House  held  in  trust.  From  both  the  above 
descriptions  of  public  property  the  private  property  of  the  King  and 
of  the  royal  family  shall  be  kept  distinct. 


CONSTITUTION    OF   SAXONY.  275 

17.  The  property  of  the  State  shall  be  administered  by  a  financial 
authority,  appointed  according  to  the  principles  of  the  Constitution, 
and  shall  be  appropriated  solely  to  public  objects;  the  revenue  arising 
from  it  shall,  as  heretofore,  be  transferred  to  the  treasury  of  the 
State. 

It  shall,  however,  be  free  for  the  King  to  take  for  his  own  use, 
and  under  his  own  personal  management,  one  or  other  of  the 
domains,  deducting  in  consequence  from  the  civil  list  (article  22) 
a  .'-i)ecified  sum,  calculated  upon  the  average  revenue  thereof  during 
the  preceding  10  years.  Certain  castles,  palaces,  buildings,  gardens, 
etc.,  (mentioned  in  the  Appendix,)  shall  also  be  reserved  for  the 
use  of  the  King. 

So  long  as  the  feudal  connection  between  the  Sovereign,  as  chief 
feudal  lord,  and  his  vassals  shall  exist,  the  fiefs  which  may  fall  in 
shall  become  the  property  of  the  State;  but  the  right  to  permit 
changes  with  respect  to  inheritances,  to  grant  feudal  pardons,  and  to 
exercise  all  other  privileges  appertaining  to  him  as  chief  feudal  lord, 
shall  continue  to  the  King.  Reversions  of  fiefs  shall  not.  however,  be 
granted. 

18.  The  property  of  the  State  shall  be  constantly  maintained  en- 
tire, and  shall  not,  without  the  consent  of  the  States,  be  either 
diminished  by  alienation,  or  burdened  with  debts  or  otherwise. 

The  prohibition  with  respect  to  alienation,  shall  not,  however, 
extend  either  to  those  transfers  which  may  be  found  necessary  or 
beneficial  on  particular  estates,  in  order  to  promote  agriculture,  or 
remove  absolute  disadvantages,  and  which  may  be  effected  by  sale, 
exchange,  or  redemption,  or  to  those  which  may  be  made  in  conse- 
quence of  judicial  decisions,  or  for  the  settlement  of  doubts  as  to 
territories. 

So  soon  as  an  advantageous  opportunity  shall  offer,  the  produce 
of  any  sale  shall  be  laid  out  in  the  purchase  of  landed  property, 
and  until  such  purchase  is  made,  shall  be  invested  in  some  other 
profitable  way. 

The  proceeds,  in  the  form  of  property,  privileges,  incomes,  or 
purchasing  money,  shall  acquire  the  character  of  alienated  property 
and  shall  take  its  place. 

An  account  shall  be  rendered  to  the  Estates  during  every  ordinary 
session  (article  115)  of  that  portion  of  the  public  property  which 
may  have  been  alienated  since  the  preceding  session,  for  what  pur- 
pose it  was  alienated,  the  terms,  and  in  what  manner  the  money  re- 
ceived has  been  disposed  of. 

19.  All  rents,  dues,  and  receipts,  of  the  royal  exchequer  shall 
be  paid  into  the  public  treasury;  and  the  latter  department  shall, 
in  return,  be  answerable  for  those  debts  and  payments  of  every 
description  for  which  the  exchequer  may  be  liable. 


276  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

The  rights  of  creditors  shall  remain  undisturbed. 

20.  Entailed  'proferty  of  the  King. — The  propertj^  of  the  Royal 
House  held  in  trust,  shall  consist : 

(«)  Of  whatever  is  required  for  the  keeping  up,  or  ornament  of 
the  royal  palaces,  castles,  buildings,  and  gardens,  set  apart  for  His 
Majesty's  use;  of  the  furniture  or  movables  which  are  confided  to 
the  care  of  the  officers  and  superintendents  of  the  Court,  and  are 
destined  to  supply  the  wants,  or  to  contribute  to  the  splendor  of  the 
Court ;  of  stables,  horses,  carriages,  etc. ;  of  things  necessary  for  the 
chase;  of  the  costly  articles,  gold  and  silver  utensils,  and  porcelain, 
deposited  in  the  royal  collections ;  of  the  picture  gallery ;  of  the  cabi- 
nets of  prints,  natural  curiosities,  coins,  etc. ;  of  the  librar}^ ;  and  of 
the  repositories  of  the  arts,  armour,  and  arms; 

{!))   Of  property  which  is  added  to  the  same,  according  to  article  21. 

The  possession  of  the  said  entailed  property  of  the  Royal  House 
belongs  to  the  said  House,  but  shall  be  transferred,  according  to  the 
order  of  succession  to  the  Crown,  laid  down  in  articles  6  and  7,  to  the 
lawful  sovei:eign  regent  of  the  Kingdom  of  Saxony.  It  shall  not 
be  separated  or  alienated  from  the  State;  but  such  transfers  as  it 
may  be  deemed  requisite  to  effect,  by  the  sale  or  exchange  of  any  par- 
ticular part  of  it,  shall  not  be  included  in  such  prohibition ;  and  the 
value  obtained,  in  money  or  otherwise,  by  such  transfers  or  exchanges, 
shall  be  invested  in  the  same  description  of  property  as  that  of  which 
the  objects  transferred  consisted;  and  shall  supply  their  place. 

The  proceeds  of  sales  shall  be  employed  as  favorable  opportuni- 
ties offer,  in  increasing  the  entailed  property  of  the  Royal  House ; 
and  every  Sovereign  or  regent  shall  be  allowed  the  privilege,  with 
the  consent  of  the  States,  of  pledging,  for  public  purposes,  and  in 
cases  of  extraordinary  necessity,  those  articles  of  value  belonging 
thereto,  to  the  amount  of  1,000,000  thalers,  but  the  articles  so  pledged 
shall  be  redeemed  as  soon  as  possible. 

In  the  cases  of  extraordinary  emergency,  referred  to  in  article  105, 
when  the  assembling  of  the  Estates  is  rendered  impossible  in  conse- 
quence of  existing  circumstances,  such  articles  may  be  so  pledged 
by  the  King,  under  the  responsibility  of  the  minister  concerned, 
without  the  consent  of  the  Estates;  subject,  however,  to  the  conditions 
above  mentioned. 

21.  Private  property  of  the  King. — The  private  property  of  the 
King  consists  of  whatever  His  Majesty  may  have  possessed  previously 
to  his  elevation  to  the  sovereignty,  and  have  acquired  subsequently 
by  means  of  such  property ;  of  which  he  shall  have  the  free  disposal, 
either  during  his  lifetime,  or  in  anticipation  of  his  death. 

Such  part  thereof  as  he  shall  not  have  so  disposed  of  shall  be 
added  at  his  decease  to  the  entailed  property  of  the  Royal  House. 


CONSTITUTION   OF   SAXONY.  277 

The  King  shall  also  be  allowed  the  free  disposal,  during  his  life- 
time, of  any  property  which  he  may  acquire,  as  Sovereign,  by  virtue 
of  any  private  rights,  or  from  economy  in  the  expenditure  .of  the 
civil  list;  but,  at  his  death,  the  property  remaining  of  this  descrip- 
tion shall,  in  like  manner,  be  added  to  the  entailed  property  of  the 
Royal  House. 

22.  Civil  list. — The  King  shall  enjoy,  and  dispose  of  freely,  during 
his  reign,  a  certain  annual  sum,  as  a  civil  list,  to  be  agreed  upon  with 
the  Estates,  and  to  be  payable  in  advance  by  monthly  instalments 
out  of  the  public  treasury. 

This  sum  shall  be  considered  as  an  equivalent  for  the  advantages 
to  be  derived  from  the  possession  of  the  royal  domains,  which  have 
been  transferred  to  the  public  treasury,  during  the  King's  reign,  and 
shall  not  be  diminished  without  his  concurrence,  or  increased  without 
the  approbation  of  the  Estates ;  and  as  this  sum  is  essentially  neces- 
sary to  maintain  the  dignity  of  the  Crown,  it  shall  not  at  any  time', 
nor  in  any  manner,  be  burdened  with  debts. 

The  revenues  resulting  from  the  royal  domains  in  question  shall 
be  transferred  to  the  public  treasury,  so  long  as  a  civil  list  shall 
be  granted,  which  shall  never  be  of  a  less  amount  than  that  now 
agreed  upon,  viz,  500,000  thalers. 

The  civil  list  shall,  upon  the  death  of  the  King,  continue  of  the 
same  amount  for  his  successor,  until  another  shall  be  fixed,  or  at 
latest  till  a  new  budget  shall  be  agreed  upon. 

Out  of  the  sum  allowed  as  a  civil  list,  there  shall  be  paid:  The 
amount  allowed  for  the  privy  pui^e  of  the  King  and  Queen;  also 
the  expenses '  incurred,  in  the  maintenance  and  education  of  their 
children,  in  the  support  of  all  the  officers  and  servants  of  the  Court, 
and  in  the  payment  of  pensions  to  them,  their  widows,  and  children ; 
as  well  as  the  total  amount  expended  on  the  royal  household,  the 
stables,  hunting  establishments,  etc.,  in  the  performance  of  divine 
worship,  according  to  the  Eoman  Catholic  and  Evangelical  creeds 
(for  the  latter  to  the  same  amount  as  the  former  contributions),  on 
the  royal  chapel  and  theatre,  and  on  the  castles,  palaces,  buildings, 
and  gardens,  reserved  for  the  free  use  of  the  King,  agreeably  to 
article  17 :  in  short  all  the  other  ordinary  and  extraordinary  expenses 
of  the  Court,  the  payment  of  which  is  not  expressly  charged  upon  the 
budget  of  the  State,  shall  be  defrayed  out  of  the  civil  list. 

23.  Appanage  and  other  allcywances  to  the  members  of  the  royoU 
family. — The  appanage,  jointures,  and  other  constitutional  allow- 
ances, for  bounties,  and  for  wardrobes,  granted  at  any  time  to  mem- 
bers of  the  Royal  House,  shall  not  be  altered  during  their  lives, 
provided  the  regulations  relative  to  second  birth  be  observed;  and 
they  shall  be  defrayed  out  of  the  budget. 


278  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

With  respect  to  the  appanage,  jointures,  marriage  portions,  and 
other  similar  allowances,  which  may  be  granted  hereafter,  under  a 
condition  as  to  second  birth,  a  permanent  arrangement  shall  be  en- 
tered into  with  the  Estates,  which  shall  be  inserted  in  the  domestic 
law  on  the  subject,  and  shall  afterwards,  in  every  individual  case, 
be  fulfilled. 

These  allowances  shall  never  be  altered  without  the  approval  of 
the  Estates,  nor  the  use  of  them  secured  by  the  transfer  of  landed 
property. 

The  payment  of  them  shall  be  made  out  of  the  public  treasury, 
and  shall  not  be  charged  on  the  civil  list. 

Section  III. — On  the  General  Rights  and  Duties  of  Subjects. 

24.  Relative  position  as  to  the  laws,  in  consequence  of  residence  in 
the  Kingdom. — Residence  within  the  territory  of  the  State  shall 
require  an  observance  of  the  laws,  and  command,  in  return,  legal 
protection. 

25.  Rights  of  natives  and  citizens  of  the  State. — The  regulations 
as  to  the  rights  of  natives  and  citizens  of  the  State  are  reserved  for  a 
special  law. 

26.  Protection  of  rights. — The  rights  of  all  the  inhabitants  shall 
be  in  an  equal  degree  protected  by  the  Constitution. 

27.  Freedom  of  the  person  and  of  property. — The  freedom  of  per- 
sons, and  their  right  to  dispose  of  their  own  property,  shall  be  sub- 
ject to  no  other  restrictions  than  those  which  law  and  justice 
prescribe. 

28.  Choice  of  occupation. — ^Every  one  shall  be  unrestricted  in  the 
choice  of  his  calling  and  occupation,  and  may  qualify  himself  ac- 
cordingly, either  in  Saxony  or  in  a  foreign  country,  so  far  as  the  pub- 
lic laws  or  private  rights  do  not  expressly  prevent  it. 

29.  Emigration. — Every  subject  shall  be  allowed  to  quit  the 
country  without  paying  any  emigration  duty,  provided  he  be  not 
bound  to  render  military  service,  or  be  otherwise  prevented,  by  any 
obligation  to  the  State,  or  to  a  private  individual. 

30.  Service  of  arms. — The  compulsion  to  assist  in  the  defence  of 
the  country,  and  to  engage  in  military  service,  shall  be  general,  and 
no  exemptions  but  those  expressly  mentioned  in  the  laws  shall  be  al- 
lowed. 

31.  Appropriation  of  private  property  to  public  purposes. — No 
one  shall  be  forced  to  surrender  up  his  property,  rights,  or  privileges, 
for  public  purposes,  except  in  those  cases  appointed  by  the  law,  or 
imperiously  required  by  a  pressing  necessity  (which  latter  shall  be 
declared  by  the  chief  authorities  of  the  State),  nor  without  imme- 
diate and  full  indemnification. 


CONSTITUTION    OF   SAXONY.  279 

Should  any  dispute  arise,  as  to  the  amount  of  the  indemnification, 
and  the  proprietor  or  privileged  person  be  indisposed  to  abide  by  the 
decision  of  the  Government  authorities,  he  shall  be  at  liberty  to  bring 
the  affair  forward  for  settlement  in- the  usual  course  of  law;  but,  in 
the  mean  time,  the  appropriation  shall  not  be  stopped,  and  the 
amount  decided  upon  by  the  authorities  shall  be  paid  without  loss 
of  time. 

32.  Relative  position  as  to  the  laws^  in.  matters  of  faith. — Every 
inhabitant  shall  enjoy  perfect  freedom  of  conscience,  and  be  pro- 
tected in  the  exercise  of  his  religion  and  faith,  in  the  manner  already 
secured,  or  to  be  hereafter  enacted,  by  the  laws. 

33.^  The  enjoyment  of  civil  and  political  rights  is  independent  of 
religious  faith. 

No  religious  faith  shall  hinder  the  exercise  of  civil  and  political 
duties. 

34.  Eligibility  to  public  service  equal,  according  to  law. — A  differ- 
ence in  birth  and  station  shall  not  justify  any  preference  in  the  ap- 
pointment to  a  public  situation. 

35.  The  press  and  the  book-trade. — ^The  affairs  of  the  press  and 
of  the  book-trade  shall  be  regulated  by  a  law;  which  shall  establish 
the  freedom  of  the  same,  upon  condition  of  the  observance  of  guar- 
antees affording  security  against  the  abuse  of  them. 

36.  Right  of  complaint  against  the  authoHties. — Every  one  shall 
enjoy  the  right  of  complaining,  in  writing,  to  the  superior  authori- 
ties, of  the  illegal  or  unconstitutional  proceeding  of  a  subordinate 
oJfRcer,  or  of  his  delay  in  pronouncing  a  decision. 

If  the  complaint  be  considered  by  the  superior  authority  to  be 
unfounded,  the  grounds  of  his  decision  shall  be  communicated  to  the 
complainant.  Should  the  latter  be  dissatisfied  with  the  decision  of 
the  superior  officers,  he  may  prefer  his  written  complaint  to  the 
Estates,  requesting  their  interference,  who  shall  decide  whether  or 
not  the  complaint  is  of  such  a  nature  as  to  justify  a  representation  by 
them  to  the  Throne. 

All  persons  shall,  moreover,  be  free  to  bring  their  petitions  and 
complaints  immediately  before  the  Sovereign. 

37.  Payment  of  taxes. — No  subject  shall  be  called  upon  for  the 
payment  of  any  taxes  or  duties  to  which  he  is  not  liable  according 
to  law,  or  by  virtue  of  special  rights. 

38.  All  persons  shall  contribute  to  the  relief  of  the  public  burdens. 

39.  A  new  system  of  taxation  shall  be  adopted,  in  which  the  duties 
upon  those  articles,  which  are  subject  to  the  direct  or  indirect  pay- 
ment of  them,  shall  be  arranged  with  the  utmost  possible  regard  to 
justice  and  to  an  equitable  assessment. 

1  Version  of  law  of  December  3,  18G8. 


280  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Privileges  hitherto  enjo^^ed  of  exemption  of  the  payment  of  taxes 
shall  be  abolished  in  consideration  of  a  suitable  indemnification,  the 
particulars  of  which  wrll  be  arranged  in  a  future  law  by  an  agree- 
ment with  the  Estates. 

40.  No  new  or  permanent  privileges  of  exemption  from  participat- 
ing in  the  public  burdens  shall  on  any  account  be  granted  or 
permitted. 

Section  IV. — On  the  Public  Service. 

41.  Ministerial  departments.  Council  of  Tninisters.  Council  of 
State. — The  ministerial  departments  are  those  of  Justice,  Finance, 
the  Interior,  War,- Religion,  and  Foreign  Affairs,  the  heads  of  which 
shall  be  responsible  to  the  Estates,  and  form  the  Cabinet  or  Council 
of  Ministers,  as  the  Chief  Board  of  Public  Authorities. 

The  direction  of  spiritual  matters  shall  be  transferred  to  the  Min- 
ister of  Religion,  who  must  invariably  profess  the  Evangelic  Faith, 
assisted  by  at  least  2  other  members  of  the  Council  of  Ministers  of 
the  same  faith;  and  to  his  jurisdiction  shall  appertain  the  affairs  of 
the  professors  of  every  faith  mentioned  in  article  57. 

A  Council  of  State  may  also  be  formed,  in  addition  to  the  heads 
of  the  ministerial  departments,  which  shall  consist  of  such  persons 
as  the  King  may  deem  fit. 

42.  Responsibility  of  official  persons. — Every  public  servant  shall 
be  responsible  for  his  official  acts. 

43.  Orders  eiiianafing  irrumediately  from  the  King  to  he  counter- 
signed.— All  regulations  relative  to  affairs  of  Government  which 
are  signed  by  the  King  shall  be  countersigned  by  the  head  of  a 
ministerial  department,  who  must  have  been  present  when  the  regula- 
tion was  resolved  upon,  in  token  of  his  being  responsible  that  the 
same  is  suitable  for  the  object  proposed,  and  in  accordance  with  the 
laws  and  Constitution  of  the  country. 

Every  regulation  not  countersigned  as  required  shall  be  considered 
as  surreptitiously  obtained,  and  therefore  invalid. 

44.  Further  regulations  as  to  public  servants  reserved  for  future 
legislation. — The  relative  duties  of  public  officers,  among  whom,  how- 
ever, are  not  comprehended  those  engaged  about  the  Court,  shall 
be  defined  in  a  special  law,  in  which  the  necessary  independence  of 
judicial  officers  shall  be  particularly  regarded. 

Section  V. — On  the  Administration  of  Justice. 

45.  Administration  of  justice, — Justice  shall  be  administered 
according  to  an  ordinance,  legally  issued,  relative  to  the  prosecution 
of  suits  in  the  judicial  courts. 

46.  Grounds  of  judicial  sentences  to  be  given. — Every  tribunal 
shall  make  known  the  reasons  for  its  decisions. 


CONSTITUTION    OF   SAXONY,  281 

47.  Jurisdiction  of  the  tribunals. — The  members  of  every  tribunal 
shall,  in  the  exercise  of  their  judicial  duties,  and  within  the  limits 
of  their  jurisdiction,  be  independent  of  the  authority  of  the  Govern- 
ment; and  a  special  board,  to  be  organized  by  a  law,  and  of  which 
half  the  members  must  be  counselors  of  the  Chief  Court  of  Justice, 
shall  decide,  in  the  last  instance,  relative  to  doubts  between  the 
judicial  and  executive  authorities,  as  to  the  extent  of  their  jurisdic- 
tion respectively. 

48.  No  subject  shall  be  deprived  of  his  ordinary  judge,  except  in 
the  cases  pointed  out  by  law. 

49.  Legal  remedy  against  acts  of  the  Govemnvent. — Every  one 
who  shall  consider  himself  aggrieved  in  his  rights,  by  any  proceed- 
ing of  the  administration,  may  luive  recourse  to  a  judicial  investi- 
gation. 

A  special  law  shall  provide  for  the  necessary  exceptions  and  regu- 
lations in  order  that  the  free  progress  of  the  Government  may  not 
be  prevented  by  the  exercise  of  this  concession. 

50.  Judicial  privilege  of  the  exchequer. — Law  suits  instituted  by 
the  exchequer  before  the  ordinary  tribunals  shall  .have  precedence 
of  all  others. 

51.  Legal  prosecution. — No  one  shall  be  prosecuted,  apprehended, 
or  punished,  or  kept  in  ignorance  of  the  cause  of  his  apprehension, 
for  more  than  24  hours,  without  legal  reasons  being  assigned  for 
the  same. 

52.  Right  of  pardon. — ^The  King  shall  have  the  right,  in  penal 
cases,  of  abolishing,  as  well  as  changing,  mitigating,  or  remitting 
a  punishment,  but  he  cannot  increase  the  sentence. 

53.  Confiscations. — Those  articles  only  which  liave  served  as  the 
objects  or.  instruments  of  offentes,  shall  in  future  be  confiscated. 

A  general  confiscation  of  the  property  shall,  in  no  case,  take  place. 

54.  Morotoria.—Mov?iiovvA  shall  not  be  declared  for  State  i)ur- 
poses. 

55.  Further  regulation's  as  to  the  administration  of  justice  reserved 
for  future  legislation. — Justice  shall  be  administered  in  such  a  man- 
ner as  to  secure  equality  in  the  eye  of  the  law,  so  that  judicial  privi- 
leges shall  cease,  unless  individual  exceptions,  founded  upon  treaties 
or  peculiar  relations,  shall  any  longer  be  necessary. 

Further  regulations  upon  this  subject  shall  bo  contained  in  a 
special  law. 

Section   VI. — On  Churches^  Schools,  and  Charitable  In^stitutions. 

56.  Public  worship. — Persons  professing  those  Christian  doc- 
trines only,  which  are  already  or  may  in  future  be  tolerated  in  the 
Kingdom  by  special  laws,  shall  be  allowed  the  free  public  exercise 
of  their  religion. 


282  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

New  monasteries  shall  not  be  established,  nor  shall  Jesuits,  or  any 
other  spiritual  orders,  ever  be  tolerated  in  the  country. 

57.  Supremacy  of  the  King  in  ecclesiastical  Tnatters. — The  King 
shall  exercise  his  political  authority  over  the  churches  {jus  circa 
sacra)  and  superintend  and  defend  them  according  to  the  ecclesias- 
tical laws.  The  spiritual  authorities,  therefore,  of  every  creed  shall 
be  subjected  to  the  superintendence  of  the  Department  of  Religion, 
but  it  is  reserved  for  the  members  of  the  various  confessions  to  make 
regulations  relative  to  internal  church  government,  according  to  the 
ecclesiastical  constitution  of  each.  The  Episcopal  jurisdiction  of  the 
Sovereign  over  those  professing  the  Evangelical  Faith,  shall  more- 
over continue  to  be  exercised  in  the  same  manner  as  heretofore  by 
the  ministerial  authorities  pointed  out  in  article  41,  so  long  as  the 
King  shall  belong  to  another  confession. 

58.  Representations  of  abuses  of  the  spiritiml  authority. — Any 
abuse  or  ecclesiastical  power  may  be  represented  to  the  chief  lay 
authorities  of  the  State. 

59.  Political  relations  of  spiritual  servants. — The  churches  and 
schools,  and  the,  officers  belonging  to  them,  shall  be  subject  to  the 
laws  of  the  State  in  civil  transactions  and  affairs. 

60.  Public  institutions. — All  establishments  without  exception, 
whether  devoted  to  religion,  instruction,  or  charity,  shall  be  under 
the  immediate  protection  of  the  State,  and  the  property  or  income 
derived  by  them  shall  not,  under  any  pretense  whatever,  be  added  to 
that  of  the  State,  nor  applied  to  other  purposes  than  those  for  which 
the  establishments  were  formed.  An  appropriation  to  other  similar 
purposes  can  be  made,  only  in  those  cases  in  which  the  objects  of  the 
institution  shall  be  no  longer  attainable,  when  it  may  be  made  with 
the  consent  of  the  persons  interested,  and,  so  far  as  the  ordinary 
public  establishments  of  the  country  are  concerned,  with  the  appro- 
bation of  the  Estates. 

Section  VII. — Of  the  Estates. 

1.  ORGANIZATION  OF  THE  ASSEMBLY  OF  THE  ESTATES. 

61.  The  Estates  divided  into  2  Chambers.  Representative  consti- 
tution of  the  provinces. — There  shall  be  for  the  whole  of  the  King- 
dom of  Saxony  one  General  Assembly  of  the  Estates,  divided  into  2 
Chambers. 

In  addition  to  the  same,  the  peculiar  representative  constitution 
of  Upper  Lusatia,  and  that  of  the  ancient  hereditary  possession,  shall 
be  retained,  with  a  reservation  as  to  the  introduction  of  those  modi- 
fications which  may  become  necessary,  with  reference  to  both. 


CONSTITUTION    OP   SAXONY.  283 

62.  The  2  Ghartihers  to  have  equal  rights^  a)id  to  act  in  unison. — 
Both  Chambers  shall  enjoy  the  same  rights  and  privileges,  and  the 
time  and  place  of  their  meetings  shall  invariably  be  the  same. 

63.^  The  First  Chamber  and  the  members  of  it. — The  following 
shall  be  members  of  the  First  Chamber : 

1.  The  princes  of  the  Royal  House,  who  shall  have  attained 
their  majority; 

2.  The  deputy  from  the  Chief  Canonical  Establishment  at 
Meissen,  who  may  be  chosen  by  the  members  from  their  own 
body; 

3.  The  possessor  of  the  feudal  principality  of  Wildenfels; 

4.  The  plenipotentiaries  of  the  5  Schonburgian  feudal  prin- 
cipalities, of  Glaucha,  Waldenburg,  Lichtenstein,  Hartenstein, 
and  Stein,  who  may  be  chosen  by  the  members  from  among  their 
body; 

5.  A  deputy  of  the  University  of  Leipzig,  who  may  be  chosen 
by  the  University  from  among  its  senior  professors; 

6.  The  possessor  of  the  feudal  principality  of  Konigsbriick; 

7.  The  possessor  of  the  feudal  principality  of  Reibersdorf; 

8.  The  principal  Lutheran  Chaplain  of  the  Court; 

9.  The  Deacon  of  the  Ecclesiastical  Institution  of  St.  Peter, 
at  Budissin,  in  his  capacity  as  superior  Catholic  clergyman;  or, 
in  case  of  his  being  prevented  from  taking  his  seat,  or  of  office 
being  vacant,  one  of  the  3  capitular  members  of  that  establish- 
ment ; 

10.  The  superintending,  or  i^rincipal  Protestant  clergyman, 
at  Leipzig ; 

11.  The  representative'  of  the  Collegiate  Establishment  at 
Wurzen,  who  may  be  chosen  by  the  chapter ; 

12.  The  plenipotentiaries  of  the  4  Schonburgian  feudal  princi- 
palities of  Rochsburg,  Wechselburg,  Penig,  and  Remissen,  who 
may  be  chosen  by  the  possessors  from  among  themselves; 

13.  12  representatives  of  the  possessors  of  equestrian  feuds,  and 
other  larger  rural  estates ; 

14.  10  possessors  of  equestrian  feuds,  appointed  for  life  by 
the  King,  according  to  his  free  choice ; 

15.  The  chief  magistrates  of  Dresden  and  Leipzig ; 

16.  The  chief  magistrates  of  6  towns,  to  be  selected  by  the 
King,  with  the  utmost  possible  regard  to  the  interests  of  every 
part  of  the  Kingdom ; 

17.  5  members  appointed  for  life  by  the  King,  according  to 
his  free  choice. 

64.  Regulations  relative  to  the  possessors  of  princely  feuds. — If 
the  possessors  of  the  feudal  domains  mentioned  in  article  63,  clauses 

»  Article  t>3,  clauses  13  and  17,  were  revised  by  law  of  December  3,  1868. 


284  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

3,  4,  6,  7,  and  12,  should  be  prevented,  by  their  being  minors,  or 
by  any  circumstance  which  the  Chamber  shall  approve  of,  from 
taking  part  personally  in  the  business  of  the  session,  the  nearest  heirs 
of  such  possessors,  if  they  be  not  ineligible,  according  to  article  74, 
may  be  admitted  to  the  Chamber  in  their  stead;  but  the  possessors 
of  the  principality  Wildenfels  and  of  the  Schonburgian  princely 
feuds,  may  at  all  times  appoint  their  plenipotentiaries  in  the  Cham- 
ber by  right  of  their  hereditary  votes ;  which  plenipotentiaries  must 
not  be  disqualified,  according  to  article  74,  and  must  possess  an  eques- 
trian feud  in  the  Kingdom  of  Sa;xony. 

65.^  Regulations  relative  to  the  possesses  of  equestrian  feuds, — 
The  election  law  makes  further  provisions  wnth  regard  to  the  dele- 
gates mentioned  in  article  63,  clause  13. 

Only  those  property  owners  are  eligible  who  possess  in  the  King- 
dom of  Saxony  one  or  more  equestrian  estates,  which,  inclusive  of 
the  appurtenances,  are  assessed  at  4,000  thalers,  at  least,  or  those 
who  possess  some  other  estate  in  the  lowlands  assessed  at  4,000, 
thalers,  at  least. 

Each  of  the  10  possessors  of  equestrian  feuds,  to  be  appointed  by 
the  King,  according  to  article  63,  clause  14,  shall  derive  a  clear 
annual  revenue  of  at  least  4,000  thalers,  from  one  or  more  feuds 
situated  in  the  Kingdom  of  Saxony ;  and  the  King  may  select  them 
even  from  among  the  possessors  of  the  Schonburgian  feuds,  as  far 
as  they  do  not  already  belong  to  the  Chamber,  according  to  article  63, 
clauses  4  and  12.  Ministers  in  actual  service  and  paid  officers  of 
the  Court  shall  not  be  nominated. 

The  delegates  specified  under  article  63,  clauses  14  and  17,  must 
always  be  named. 

66.  Duration  of  functions  in  the  First  Chamber. — The  members 
of  the  First  Chamber,  who  belong  to  it  by  virtue  of  their  office,  shall 
retain  their  seat  so  long  as  they  may  continue  to  fill  such  office. 

The  representatives  of  the  University,  and  of  the  public  estab- 
lishments, and  also  the  plenipotentiaries  of  the  princely  feuds  of 
Schonburg,  and  that  of  Wildenfels,  shall  retain  their  seats  until  their 
successors  can  be  lawfully  admitted. 

The  possessors  of  equestrian  feuds,  chosen  from  among  their  own 
body,  and  those  nominated  by  the  King,  shall  continue  to  be  members 
of  the  Chamber,  so  long  as  they  retain  the  qualifications  by  virtue 
of  which  they  were  nominated  or  chosen,  as  the  case  may  be;  but 
those  possessors  of  equestrian  feuds  who  may  be  chosen  members, 
and  shall  be  afterwards  employed  in  a  public  capacity,  or  promoted 
to  a  higher  office,  or  become  paid  servants  of  the  Court  during  the 

1  Articles  65  and  66  were  revised  by  law  of  December  3,  1868. 


CONSTITUTION    OF   SAXONY.  285 

performance  of  their  duties,  as  members  of  the  Assembly  of  the 
Estates,  shall  vacate  their  seats,  but  may  be  reelected. 

Possessors  of  equestrian  estates  appointed  by  the  King  remain 
members  of  the  Chamber  as  long  as  their  landed  property  satisfies 
the  requirements  prescribed  in  article  65. 

67.^  The  pre.nclent  and  his  suhstifutc. — The  president  of  the 
Upper  Chamber  shall  be  appointed  by  the  King,  for  every  session, 
from  among  those  members  who  belong  to  it,  in  consequence  of  their 
possessing  feudal  domains;  and  he  shall  not  reside  out  of  the 
Kingdom. 

The  Chamber  elects  one  or  more  vice-presidents. 

68.2  ^Yi^Q  Second  Chamber  of  the  Estates  is  formed  of  91  deputies, 
of  whom  43  are  elected  in  municipal  electoral  districts  and  48  in 
rural  districts. 

Future  incorporation  of  communes  or  changes  of  the  communal 
constitutions  of  individual  localities  have  no  effect  on  the  member- 
ship of  said  localities  in  the  election  districts. 

[Articles  69  and  70  were  rescinded  by  law  of  December  3,  1868.] 

71.2  r^Y^Q  deputies  of  the  Second  Chamber  of  the  Estates  are  elected 
for  6  years.  After  expiration  of  the  6  years  the  Chamber  is  newly 
elected. 

When  a  deputy  resigns  before  the  expiration  of  the  six-year  pe- 
riod, the  election  of  a  substitute  is  valid  only  for  the  rest  of  the 
election  period. 

The  delegates  cease  to  be  members  of  the  Chamber  if — 

(a)  they  lose  their  eligibility; 

(b)  they  are  employed  in  the  service  of  the  State,  or  are  ad- 
vanced to  a  higher  position,  or  accept  a  paid  position  at  Court ; 

(c)  the  King  dissolves  the  Chamber,  or 

(d)  they  resign  voluntarily. 

In  the  cases  specified  under  h  to  d  they*  may  be  reelected  immedi- 
ately. 

72.^  The  Second  Chamber  elects  its  president  and  one  or  more 
vice-presidents. 

73.  Regulations  common  to  hoth  Chamhers.  Ages  of  electors  and 
candidates. — An  elector,  in  order  to  participate  in  the  privilege 
of  electing  a  member  of  the  Assembly  of  the  Estates,  must  have  com- 
pleted the  25th,  and  a  candidate  the  30th,  year  of  his  age. 

74.*  The  election  law  makes  further  provisions  relative  to  eligi- 
bility to  vote  and  to  be  elected. 

Those  persons  who  have,  according  to  the  election  law,  been  de- 
prived of  the  voting  privileges  in  general  and  without  difference 

*  Paragraph  2  revised  by  law  of  October  12,  1874. 

2  Revised  by  law  of  May  15,  1909.     Similarly,  article  71. 

3  Revised  by  law  of  October  12,  1874. 

*  Revised  by  law  of  October  19,  1861. 


286  CONSTITUTIONS   OK    THE   GERMAN    STATEa. 

of  the  various  classes  can  not  enter  the  First  Chamber  or  retain  their 
seats  therein,  in  accordance  with  article  64,  as  substitutes  of  landed 
proprietors  named  in  article  03,  clauses  3,  4,  6,  T,  and  12. 

75.^  Election  of  servants  of  the  State  and  of  other  officers. — 
If  a  public  servant  shall  be  elected  a  member  of  either  of  the  2 
Chambers,  or  a  member's  substitute,  he  shall  communicate  the  same  to 
his  superior  official  authority  in  order  that  he  may  consider  whether 
the  election  can  be  approved  and  provide,  if  it  be  approved,  for 
the  temporary  execution  of  the  duties  of  the  person  elected.  Th? 
approval  shall  not  be  refused  except  for  weighty  reasons,  applying 
solely  to  the  character  of  the  office,  which  reasons  must  be  communi- 
cated to  the  Estates. 

This  provision  applies  also  to  all  other  officials,  to  members  of  the 
clergy,  teachers,  as  well  as  military  persons.  Municipal  officials  must 
secure  the  consent  of  the  municipal  councils,  which  may  be  withheld 
only  for  the  same  reasons. 

The  Government  shall  decide  upon  the  validity  of  any  representa- 
tions, with  respect  to  the  refusal  to  grant  consent. 

76.2  Qj.^Q^  Qj  sitting. — The  arrangement  as  to  precedence,  in  sit- 
ting in  the  Upper  Chamber,  shall  be  regulated,  so  far  as  regards  the 
members  named  in  article  63,  clauses  1  to  12,  according  to  the  order 
therein  pointed  out ;  and  as  regards  the  other  members,  and  those  of 
the  Lower  Chamber,  it  shall  be  regulated  by  lot,  which  shall  be 
decided  at  the  opening  of  the  Chamber.  The  president  shall  draw 
for  those  members  who  may  not  be  present  upon  the  occasion. 

The  plenipotentiaries  take  the  places  of  those  whom  they  represent. 

77.  Law  of  election  and  proceedings  of  the  Estates, — Further 
regulations  relative  to  the  proceedings  at  the  election  of  both  Cham- 
bers, and  to  the  qualification  required  b}^  electors,  to  entitle  them  to 
vote  for  members  of  the  Lower  Chamber,  shall  be  contained  in  the 
election  law  which,  although  not  composing  an  integral  part  of  this 
Constitution,  shall  not  be  altered  without  the  consent  of  the  Estates. 

2.  EFFICIENCY  OF  THE  ESTATES. 

78.  General  duty  of  the  Estates. — The  Estates  shall,  be  the  consti- 
tutional organ  of  the  collective  body  of  the  subjects  and  citizens, 
and  as  such  they  shall  be  required  to  maintain  the  rights  guaranteed 
to  them  by  the  Constitution,  in  their  position,  as  therein  fixed,  with 
reference  to  the  Government  of  the  State,  and  also  to  promote  to 
their  utmost  ability  the  inseparable  prosperity  of  their  King  and 
country,  with  a  strict  adherence  to  the  principles  of  the  Constitution. . 

79.  Jurisdiction  of  the  Asserribly  of  the  Estates. — The  affairs  which 
belong  to  the  Assembly  of  the  Estates,  are  clearly  pointed  out  in  the 

*  Paragraph   2  revised  by  law  of  October   19,   1861. 
•Revised  by  law  of  December  3,  1868. 


CONSTITUTION   OF   SAXONY.  287 

present  Constitutional  Law,  and  tliey  shall  in  no  case  be  submitted 
to  committees  of  the  Estates,  or  to  any  other  corporate  body. 

The  Assembly  of  the  Estates  may,  however,  on  its  part,  occupy 
itself  with  those  affairs,  only  when  they  are  referred  to  it,  or  with 
such  subjects  as  may  be  specially  referred  to  it  by  the  King. 

80.  Priority  of  maUers  referred  to  the  Estates  hy  the  King. — The 
Estates  shall  be  bound  to  discuss  those  subjects  which  may  be  referred 
to  them  by  the  King,  before  they  deliberate  on  any  other  matters. 

81.  Personal  exercise  of  their  functions  hy  the  Estates. — The  mem- 
bers of  both  Chambers,  with  the  exception  of  the  cases  mentioned  in 
article  64,  relative  to  the  possessors  of  certain  princely  feuds,  shall 
attend  in  person,  and  shall  not  authorize  any  individual  to  vote  in 
their  name;  nor  shall  they  receive  any  instructions  from  their  con- 
stituents, they  being  guided  in  their  conduct  by  their  own  conviction. 

They  shall  be  at  liberty  to  present  to  the  Assembly  of  the  Estates 
an}^  petitions  speciall}^  transmitted  to  them  for  that  purpose,  and  to 
promote  the  interests  thereof,  if  they  shall  deem  it  expedient. 

82.  Oath  of  the  Estates. — Every  member  of  the  Assembly  of  the 
Estates  shall,  upon  his  first  admission  into  the  Chamber,  take  the 
following  oath : 

I  swear,  by  Almighty  God,  faithfully  to  maintain  the  Constitution  of  the 
Kingdom,  and,  in  my  propositions  and  votes  in  the  Assembly  of  the  Estates, 
invariably  to  promote  the  inseparable  welfare  of  my  King  and  country,  accord- 
ing to  the  best  of  my  ability.    So  help  me  God. 

The  Presidents  of  both  Chambers  shall  deposit  the  oaths  subscribed 
by  them  in  the  hands  of  the  King,  and  those  of  the  other  members 
thereof  shall  be  delivered  to  the  member  presiding  over  their  re- 
spective Chamber. 

Upon  the  introduction  into  the  Chamber  of  a  member  who  has 
been  reelected,  he  shall  bind  himself  to  the  performance  of  his  duty, 
by  a  solemn  handsliake  with  reference  to  the  oath  formerly  taken  by 
him,  in  token  of  his  adherence  to  its  contents- 

[Article  83  rescinded  by  law  of  October  12,  1874.] 

84.  Personal  inviolability  of  the  nienfihers  of  the  Estates^  during 
their  session. — The  Estates  shall  enjoy,  during  the  period  of  the  ses- 
sion, perfect  inviolability  of  person,  as  well  in  their  collective,  as  in 
their  individual  capacity.  No  member  shall,  therefore,  on  any  ac- 
count, be  arrested  during  the  session,  without  the  express  consent  of 
the  Chamber  to  which  he  may  belong,  except  in  case  of  his  being  de- 
tected in  the  actual  commission  of  a  criminal  offence,  or  in  conse- 
<|uence  of  any  proceedings  connected  with  the  fraudulent  issue  of 
bills  of  exchange. 

85.  Legislative  funeticns  of  the  Estates,  and.  propositions  relative 
to  the  laws. — Projects  of  law  may  be  submitted  by  the  King  to  the 
Estates,  and  by  the  Estates  to  the  King. 


288  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

The  Estates  may  also  deliberate  upon  the  adoption  of  new  laws,  as 
well  as  upon  the  repeal  or  alteration  of  existing  laws. 
The  motives  shall  be  affixed  to  every  project  of  a  law. 

86.  Assent  of  the  Estates  to  the  laws. — No  law  shall  be  passed^' 
amended,  or  authentically  interpreted,  without  the  acquiescence  of 
the  Estates. 

87.  Power  of  the  King^  with  reference  to  laws  and  ordhuinccSy 
farticularly  in  urgent  cases. — The  King  shall  issue  and  promulgate 
the  laws,  provided  they  have  received  the  sanction  of  the  Estates ;  he 
shall  also  publish  the  orders  and  regulations  which  may  be  necessary 
for  the  due  execution  and  observance  of  them,  as  well  as  such  other 
regulations  and  directions  as  may  be  requisite,  in  the  exercise  of  his 
superintending  and  administrative  authority. 

88.  The  King  shall  also  issue  those  regulations,  which,  from  their 
nature,  require  the  acquiescence  of  the  Estates,  but  which  are  of  such 
pressing  importance  to  the  welfare  of  the  community,  that  their  tem- 
porary object  would  be  frustrated  by  delay;  with  the  exception,  how- 
ever, of  any  alteration  whatever  in  the  Constitution,  or  in  the  elec- 
tion law. 

The  ministers  shall  be  responsible,  collectively,  for  the  urgent 
necessity  which  required  the  adoption  of  such  measures,  and  they 
shall  severally  countersign  the  ordinances  issued  upon  the  occasion^ 
which  must  be  submitted  to  the  Estates  at  their  next  meeting  for  their 
approbation. 

89.^  The  right  of  the  Estates  to  adopt  measures  for  the  require- 
ments of  the  State,  provided  for  in  article  97  of  the  Constitution  of 
September  4, 1831,  is  subject  to  the  limitations  made  in  articles  2  and 
70  of  the  Constitution  of  the  German  Confederation. 

90.2  'Withdrawal  of  projects  of  law  suhmitted  hy  the  King. — The 
King  shall  be  at  liberty  to  withdraw  any  project  of  law  which  he 
shall  have  submitted  to  the  Chambers,  even  pending  the  discussion 
thereof  by  the  Estates. 

91.  Mode  of  proceeding  when  the  Chambers  differ  in  opinion  upon 
a  project  of  law. — If  the  Chambers  should  be  divided  in  opinion  as 
to  the  acceptance  of  a  project  of  law,  they  shall  have  recourse,  pre- 
viously to  delivering  their  report,  to  the  measures  prescribed  in 
article  131,  with  a  view  to  effect  an  agreement  upon  the  subject. 

92.  Rejection  of  a  project  of  laic. — Should  the  two  Chambers, 
after  having  recourse  to  those  measures,  still  differ  in  opinion,  it 
shall  be  necessary,  in  order  to  reject  the  project  of  law,  that  at  least 
two-thirds  of  the  members  present  in  one  of  the  2  Chambers,  shall 
have  voted  for  its  rejection. 

93.  Specifications  of  the  reasons  for  rejecting  or  altering  a  project 
of  law. — The  report  of  the  Estates,  in  which  they  either  entirely  re- 

» Revised  by  law  of  December  8,  1868. 

3  Article  90,  sentence  2,  rescinded  by  law  of  December  8,  1868. 


CONSTITUTION    OF    SAXONY.  289 

ject,  or  suggest  alterations  in.  a  project  of  law,  must  contain  a  state- 
ment of  the  reasons  thereof. 

94.  Form  of  proceeding  when  a  project  of  laio^  accepted  with 
amendtnent  hy  the  Estates^  shall  not  he  approved  hy  the  Kiiig. — If  a 
project  of  law,  which  shall  have  been  accepted  by  the  Estates,  but 
amended  by  them,  should  not  be  approved  by  the  King,  it  may  be 
entirely  withdrawal ;  or  it  may  be  again  submitted  to  the  Estates,  dur- 
ing the  same  session,  in  its  former  shape,  accompanied  by  the  grounds 
of  disapproval,  or  with  the  alterations  proposed  by  the  Government. 
In  the  two  last  cases,  the  Government  shall  be  at  liberty  to  require  the 
unconditional  acceptance  or  rejection  of  it. 

95.  Form  of  proceeding  when  a  project  of  law  shall  he  abso- 
lutely rejected  hy  the  Estates. — A  project  of  law,  which  shall  have 
been  absolutely  rejected  by  the  Estates,  may  be  again  submitted  to 
them,  in  the  same  form,  in  the  succeeding  session,  or  in  an  amended 
shape,  during  the  same  session. 

96.^  Jurisdiction  of  the  Estates  in  matters  of  finance.  Consent  of 
the  Estates  to  the  impositiorh  or  alteration  of  taxes. — The  existing 
direct  or  indirect  taxes  shall  not  be  changed  without  the  acquiescence 
of  the  Estates,  nor  shall  such  taxes  be  imposed  and  levied  w^ithout 
their  approbation,  except  in  the  cases  stated  in  articles  1,  5,  6,  and  8 
of  this  law.2 

97.  Investigaion  and  decision  of  the  Estates^  with  respect  to  the 
sums  required  for  the  public  service. — It  shall  be  the  duty  of  the 
Estates  to  provide  the  necessary  means  for  defraying  the  ordinary 
and  extraordinary  expenses  of  the  State;  and  they  shall  be  author- 
ized to  inquire  into  the  necessity  for,  and  destination  of,  the  sums  to 
be  voted,  and  to  offer  suggestions  thereupon;  arid  also  to  decide  upon 
the  granting  of  the  proposed  sums,  the  mode  of  providing  them,  the 
equitable  principles  according  to  which  the  duties  and  imposts  shall 
be  levied,  upon  persons  and  things,  as  well  as  the  mode  of  levying 
them,  and  the  length  of  time  during  which  they  shall"  continue  to  be 
levied. 

98.^  Statements  of  the  ways  and  m^ans  for  the  Estates. — A  com- 
plete account  of  the  income  and  expenditure  during  the  next  to  last 
fiscal  period,  and  an  estimate  of  the  amount  required  for  the  suc- 
ceeding 2  years,  together  with  suggestions  thereupon,  shall  be  sub- 
mitted to  the  Estates  in  every  ordinary  session  (article  115),  as  soon 
after  its  commencement  as  possible. 

99.  Vouchers  and  explanations  of  accounts,  for  the  Estates. — In 
order  that  the  Estates  may  be  enabled  to  decide  thereupon,  there  shall 
be  laid  before  them,  by  the  principal  authorities  of  the  State,  and,. 

1  Article  96  revised  by  law  of  May  5,  1851. 

2  This  refers  to  articles  89,  103.  and  105  of  the  Constitution. 

3  Revised  by  laws  of  May  5,  1851,  and  of  December  3,  1868. 

92975—19 19 


290  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

should  they  require  it,  by  the  heads  of  the  respective  departments,  the 
requisite  exphiuations,  concerning  the  accounts  and  vouchers. 

Estimates  for  secret  services  shall  not  be  entertained,  unless  accom- 
panied by  a  written  assurance  on  the  part  of  the  King,  countersigned 
by  at  least  3  of  his  ministers,  that  the  expenditure  of  the  same  has 
been,  or  shall  be,  made  for  the  true  interests  of  the  country. 

100.  Declaration  of  the  Estates^  as  to  the  sums  required  for  the  fub- 
lic  service. — After  having  carefully  examined,  agreeably  to  their 
duty,  the  before^mehtioned  accounts,  vouchers,  and  appendices,  the 
Estates  shall  report  to  the  King  the  sums  to  be  raised  according  there- 
to ;  and  should  they  propose  a  diminution  of  the  amount  required,  the 
reasons  for  the  same  must  be  distinctly  detailed,  and  the  objects 
stated,  as  well  as  the  form  and  manner  in  which  the  reductions  can 
be  effected,  without  detriment  to  the  interests  of  the  State. 

101.  Mode  of  froceeding.^  if  the  Chambers  differ  as  to  grants. — If 
the  2  Chambers  should  be  divided  in  opinion  as  to  grants  of  money, 
recourse  shall  be  had  to  the  arrangement  prescribed  in  article  131, 
for  the  purpose  of  effecting  an  agreement. 

102.^  Considerations  upon  which  the  grants  of  money  are  to  de- 
pend.— The  voting  of  taxes  by  the  Estates  shall  never  be  made  to  de- 
pend upon  considerations  which  do  not  immediately  relate  to  the 
taxes  themselves,  or  to  the  application  of  them. 

103.  Mode  of  proceding,  when  an  agreement  with  the  Estates^  as 
to  a  grant,  ca/n  not  be  effected. — The  propositions,  and  the  reasons 
upon  which  they  are  founded,  as  submitted  by  the  Estates  to  the 
Government,  agreeably  to  article  100,  shall  be  thoroughly  investi- 
gated, and  their  compatibility  with  the  interests  of  the  State  inva- 
riably kept  in  view. 

But  should  they  be  found  objectionable,  and  should  the  Estates, 
notwithstanding  a  new  discussion,  and  the  explanations  given  to 
them  upon  the  subject,  continue  to  refuse  to  vote  a  grant,  in  the 
manner  proposed,  the  King  shall  cause  the  taxes,  necessary  for  the 
service  of  the  State,  provided  they  have  not  been  voted  expressly  for 
a  temporary  object  already  attained,  to  continue  to  be  imposed  and 
levied  by  the  chief  authorities,  by  virtue  of  an  ordinance,  to  be 
inserted  in  the  collection  of  the  laws,  for  a  year,  after  the  expiration 
of  the  term  for  which  they  had  been  previously  granted. 

In  the  proclamation  to  be  issued  for  this  purpose,  the  peculiar 
nature  of  the  circumstance  shall  be  described,  and  reference  made 
to  the  present  article  of  the  Constitutional  Law. 

The  proclamation  so  issued,  for  prolonging  the  period  for  col- 
lecting the  taxes,  shall  be  in  force  only  for  one  year ;  in  consequence 
of  which  an  extraordinary  session  of  the  Estates  shall  be  convoked  by 
the  King,  6  months  at  the  least  before  the  termination  of  that  period. 

*  Articles  102-105  were  replaced  by  articles  4-8  of  the  law  of  May  5,  1851. 


CONSTITUTION   OF   SAXONY.  291 

A  grant  shall  not,  however,  be  considered  as  refused,  unless  two- 
thirds,  at  least,  of  the  members  present  shall,  in  one  of  the  Chambers, 
have  voted  for  its  rejection. 

1/  If  the  period  of  appropriation  should  expire  before  a  new  appropriation  has 
been  made,  and  if  none  of  the  cases  foreseen  in  article  5  of  the  law  of  May  5, 
1851,  should  occur,  and  if  the  budget  bill  has  not  been  delayed  by  the  Govern- 
ment in  violation  of  the  provision  of  article  3  of  the  aforementioned  law,  the 
existing  taxes  and  revenues-  shall  be  continued  in  force  for  another  year,  as  far 
as  they  were  not  intended  for  a  temporary  purpose  which  has  already  been  at- 
tained, and  subject  to  the  provisions  of  the  budget  for  expenditures. 

2.  This  continued  levy  of  old  taxes  shall  l?e  permissible  without  the  consent  of 
the  Estates  only  if,  beside  the  stipulations  mentioned  in  1 : — 

(a)  the  Estates  have  been  assembled  at  least  7  weeks  before  the  expiration 
of  the  appropriation  period,  and  soon  after  the  opening  of  the  session  a  law 
has  been  submitted  to  them  on  the  provisional  continuation  of  the  tax,  and  if 
this  law  has  been  rejected  or  not  yet  passed  within  two  weeks  before  the 
expiration  of  the  appropriation  period,  or 

(b)  if  conditions  make  a  speedy  convocation  of  the  Chambers  impossible, 
which  impossibility  must  subsequently  be  proved  before  the  Chambers. 

104.  Reference  to  the  consent  of  the  Estates^  in  proclamations 
relative  to  taxes. — With  the  exception  of  the  case  provided  for  in 
articles  J,  2,  5,  6,  and  8  of  this  law  (articles  89,  96,  103,  105),  the 
acquiescence  of  the  Estates  shall  be  expressly  stated  in  the  proclama- 
tions concerning  the  taxes;  the  collectors  shall  not  otherwise  be 
authorized  to  demand  them,  nor  the  public  be  bound  to  pay  them. 

105.  Mode  of  proceeding^  when  urgent  financial  measures  are 
necessary. — No  loan  shall  be  valid  without  the  acquiescence  of  the 
Estates. 

If  unforeseen  circumstances  of  an  extraordinary  and  urgent  nature 
should  occur,  requiring  the  immediate  adoption  of  financial  meas- 
ures, for  which  the  consent  of  the  Estates  will  be  necessary,  an 
extraordinary  session  shall  be  summoned. 

Should,  however,  any  particular  circumstance  render  such  a  ses- 
sion impracticable,  the  King  may,  under  the  responsibility  of  the 
heads  of  the  ministerial  departments,  who  shall  recommend  such  a 
course,  adopt  such  provisional  measures  as  may  be  indispensable 
for  meeting  the  exigency  of  the  moment,  and  may  even,  as  an  excep- 
tion, contract  for  a  loan,  if  indispensable;  but  the  measures  so 
adopted  shall  be  submitted  to  the  Estates  as  soon  as  possible,  and, 
at  the  latest,  at  their  iiext  ordinary  session,  in  order  to  obtain  their 
constitutional  consent;  and  the}^  shall  also  be  made  acquainted  with 
the  appropriation  of  the  sums  which  it  may  have  been  necessary  to 
disburse. 

106.  Reserve  fwnd. — A  reserve  fund  shall  be  formed,  and  be  inva- 
riably included  and  voted  in  the  budget,  in  order  that  the  Govern- 

1 1  and  2  were  added  by  law  of  November  27,  1860. 


292  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

ment  may  be  provided  with  the  extraordinary  resources  that  may  be 
necessary,  in  case  of  unforeseen  occurrences. 

107.  Sinking  fund. — A  sinking  fund,  subject  to  the  administra- 
tion of  the  Estates,  shall  be  established  for  the  special  purpose  of  dis- 
charging the  interest  of  the  national  debt,  and  of  providing  the  means 
for  its  extinction. 

It  shall  be  managed  by  a  committee  of  the  Estates,  assisted  by  cer- 
tain officers  appointed  by  the  members  and  approved  by  the  King; 
the  committee  shall  continue  to  act,  in  the  event  of  the  dissolution  of 
the  Second  Chamber,  until  the  opening  of  the  succeeding  session  of 
the  Estates,  and  the  appointment  of  a  new  committee. 

The  Government  shall  be  at  liberty,  at  all  times,  by  virtue  of  its 
privilege  of  supreme  superintendence,  to  take  cognizance  of  the  state 
of  this  fund. 

The  annual  accounts  of  the  same  shall  be  examined  by  the  chief 
authorities  of  the  Board  of  Accounts  and  be  laid  before  the  Estates 
at  every  ordinary  session  (article  115)  in  order  that  they  may  audit  and 
approve  them.  The  result  shall  afterwards  be  printed  and  pub- 
lished, in  the  name  of  the  Estates. 

108.  Duty  of  the  Estates,  with  reference  to  the  property  of  the  pub- 
lic, and  the  hereditary  entailed  property  of  the  Reigning  House. — 
The  Estates  shall  be  authorized  and  bound  to  watch  over  the  admin- 
istration of  the  property  of  the  State,  and  of  the  hereditary  entailed 
property  of  the  Royal  House,  in  the  manner  pointed  out  in  articles 
18  and  20. 

109.  Right  of  the  Estates  to  petition. — The  Estates  shall  be  en- 
titled to  submit  to  the  King,  in  a  suitable  form,  their  common  opin- 
ions and  propositions,  relative  to  matters  within  their  jurisdiction. 

Herein  shall  be  included  proposals  for  the  remedying  of  any  de- 
fects which  may  be  found  in  the  general  government  of  the  country, 
or  in  the  administration  of  justice. 

In  like  manner,  every  individual  member  of  the  Estates  shall  be 
authorized  to  submit,  to  the  Chamber  to  which  he  may  belong,  his 
own  opinions  and  propositions  upon  the  same  subjects,  and  such 
Chamber  shall  decide  whether,  and  in  what  manner,  they  shall  be 
further  considered.  If  the  Chamber  shall  proceed  in  the  matter, 
after  an  investigation  shall  have  taken  place  in  consequence  of  the 
proposition,  the  cooperation  of  the  other  Chamber  shall  be  invited 
and  the  matter  shall  be  submitted  to  the  King,  provided  that  the  2 
Chambers  shall  concur  in  the  resolution. 

110.  Right  of  the  Estates  to  prefer  complaints. — Each  Chamber, 
provided  the  two  Chambers  can  not  unite  upon  the  subject,  may, 
separately,  prefer  complaints  against  the  principal  authorities  of 
the  State,  and  the  chiefs,  individually  of  the  ministerial  departments 


CONSTITUTION   OF   SAXONY.  293 

(article  41),  relative  to  the  execution  of  the  laws,  with  respect  to 
the  government  of  the  country,  or  the  administration  of  justice. 

The  ordinances  and  other  regulations  appertaining  to  the  affairs 
of  the  Government,  which  require  the  signature  of  the  King,  and 
which  may  be  necessary  in  order  to  establish  such  complaints,  shall 
be  countersigned,  agreeably  to  article  43. 

The  illegal  proceedings,  or  gross  neglect,  of  public  servants,  be- 
longing to  the  ministerial  departments,  shall  be  made  the  subject  of 
complaint  on  the  part  of  the  Estates,  only  when  the  conduct  of  the 
individual,  immediately  affected  thereby,  shall  have  been  complained 
of  to  the  department  concerned,  or  other  legal  measures  shall  have 
been  taken  without  effect. 

111.  Right  of  the  Estates  to  receive  the  complaints  of  their  felloto- 
suhjects. — The  Estates  may  receive  the  written  complaints  of  their 
fellow-subjects,  but  not  deputations  from  corporate  bodies.  If  it 
shall  appear  that  a  complaint  has  not  reached  the  ministerial  de- 
partment concerned,  in  a  constitutional  manner,  and  has  remained 
there  without  redress,  it  shall  not  receive  consideration;  but  in  the 
contrary  case,  if  the  complaint  shall  appear  to  the  Estates  to  be  well 
founded,  they  sha-ll  be  at  liberty,  according  as  they  may  deem  fit,  to 
refer  the  same  either  to  the  department  concerned,  or  to  the  chief 
authorities  of  the  State,  or  to  take  the  matter  into  their  own  hands, 
and,  after  discussing  it  in  both  Chambers,  to  recommend  it  to  the 
King  for  suitable  consideration.  The  rejection  of  such  complaints, 
or  the  result  of  the  investigation  of  them,  shall  be  communicated  to 
the  Estates. 

112.  Decrees  of  the  Estates  requiring  the  approbation  of  the 
King. — All  decrees  of  the  Estates,  w  hich  refer  to  any  public  matter, 
shall  require,  in  order  to  be  valid,  the  express  sanction  of  the  King. 

113.  Decision  of  the  King  upon  proposition  of  the  Estates. — The 
King  shall  decide  upon  every  proposition  submitted  to  him  by  the 
Estates,  and  his  decision  shall  be  communicated  to  them,  if  possible, 
during  the  same  session.  If  the  proposition  be  rejected,  the  reasons 
for  its  rejection  shall  be  stated ;  and  this  regulation  shall  be  more  par- 
ticularly observed  when  the  proposition  shall  relate  to  the  passing, 
repeal,  or  alteration,  of  a  law. 

114.^  Committees  of  the  Estates  appointed  to  act  during  their  re- 
cess.— ^The  Assembly  of  the  Estates  may,  with  the  approbation  of 
the  King,  for  the  preparation  of  certain  defined  matters  of  dis- 
cussion, and  for  the  execution  of  decrees,  relating  to  the  business  of 
the  Estates,  which  may  have  received  the  royal  assent,  appoint  com- 
mittees, to  assemble  and  act  for  these  purposes,  during  the  interval 
between  one  session  and  another,  and  also  during  the  adjournment 
of  a  session. 

1  Revised  by  law  of  October  12,  1874. 


294  CONSTITUTIONS  OF    THE   GERMAN    STATES. 

3.    SESSION    OF   THE   ESTATES,   AND   MODE   OF    CONDUCTING   THEIR 
PROCEEDINGS. 

115.^  2'ime  and  place  of  the  session  of  the  Estates^  and  mode  of 
summoning  the  sam^. — The  King  shall  appoint  an  ordinary  session 
of  the  Estates  at  least  once  in  every  2  years,  and  extraordinary  ses- 
sion whenever  circumstances  requiring  legislation,  or  that  may  be 
otherwise  important,  shall  render  it  necessary. 

An  extraordinary  meeting  of  the  Estates  shall  invariably  take 
place,  upon  a  change  in  the  Supreme  Government,  and  within  4 
months  after  that  event. 

The  part  of  the  Kingdom  to  be  appointed  for  holding  the  session, 
shall  always  depend  upon  the  pleasure  of  the  King.  The  Estates 
shall  be  summoned  to  every  session  by  a  proclamation,  which  shall 
emanate  from  the  chief  authorities  of  the  State,  and  be  inserted  in 
the  collection  of  the  laws,  and  by  a  circular  notice  transmitted  to 
each  member. 

116.2  Adjourmnent  and  closing  of  the  session^  and  dissolution  of 
the  Second  Chamher. — The  King  shall  order  the  former  closing  of 
the  Assembly  of  the  Estates.  He  may  also  adjourn  it,  or  dissolve  the 
Second  Chamber,  by  which  latter  proceeding  the  First  Chamber  is 
likewise  declared  to  be  adjourned. 

Th6  adjournment  shall  not  continue  beyond  6  months  without  ex- 
press consent  of  the  Estates. 

Upon  the  dissolution  of  the  Second  Chamber,  the  election  of  the 
new  representatives  for  the  same,  and  the  summoning  of  the  Estates, 
shall  also  take  place  within  6  months. 

117.  Opening  and  closing  of  the  Assembly  of  the  Estates. — The 
King  shall  open  and  close  the  Assembly  of  the  Estates,  either  in  his 
own  person,  or  by  a  commissioner  specially  authorized  for  that 
purpose. 

118.  Prohibition  to  meet  without  authority, — The  Chambers  shall 
neither  assemble  of  their  own  accord,  nor  continue  to  meet  and  de- 
bate after  the  closing,  or  adjournment,  of  the  session  or  the  dissolu- 
tion of  the  Second  Chamber. 

119.  Document  to  he  presented  by  tlie  King  to  the  Estates^  at  the 
close  of  each  session. — The  definite  results  of  the  session  shall  be 
collected  in  a  formal  document  {Landtag sab schied)^  which  shall 
contain  the  report  of  the  King  of  his  transactions  with  the  Estates, 
and,  being  authenticated  by  the  royal  sign  manual,  shall  be  pre- 
sented in  original  to  the  Estates  at  the  time  of  their  closing,  and 
inserted  in  the  collection  of  the  laws. 

1  Revised  by  law  of  December  3,  1868. 

2  Paragraph  2   revised   by   law  of   October   12,   1874. 


CONSTITUTION   OF  SAXONY.  295 

120.^  Allowances  for  the  daily  and  traveling  expenses  of  the 
Estates. — The  Estates,  with  the  exception  of  those  members  of  the 
Upper  Chamber,  mentioned  in  article  63,  clauses  1-T,  9,  11,  and  12, 
shall  receive  an  allowance,  as  a  remuneration  for  their  daily  extra 
and  traveling  expenses,  according  to  the  law  fixing  the  proceedings 
of  the  Estates  {Landtag sordnitng) . 

121.  Each  Chamber  to  act  and  vote  separately. — Each  Chamber 
shall  carry  on  its  proceedings  separately,  and  vote  separately  upon 
representations  to  be  made  to  the  King. 

122.  Communications  from  the  King  to  the  Chambers.— The  com- 
munications from  the  King  to  the  Chambers,  which  relate  to  taxes 
and  grants,  shall  be  made,  in  the  first  instance,  to  the  Lower  Cham- 
ber; in  other  cases  it  shall  be  left  to  the  pleasure  of  the  King,  as  to 
which  of  the  2  Chambers  his  communications  shall  be  first  submitted 
for  consideration. 

[Articles  123-126  were  rescinded  by  law  of  October  12,  1874.] 

127.  Deliberations  of  the  Chambers. — The  Chambers  shall  not  de- 
liberate upon  any  subject,  unless  one-half,  at  least,  of  the  number  of 
members  appointed  by  the  Constitution  be  present. 

128.2  Their  votes  and  decisions. — Resolutions  shall  be  adopted  by 
the  Chambers  only  when  one-half,  at  least,  of  the  constitutional  num- 
ber of  members  are  present  at  the  sitting. 

Each  member,  including  the  president,  shall  have  1  vote. 

Questions  shall  be  decided  by  an  absolute  majority  of  votes,  except 
in  the  cases  stated  in  articles  92,  103,  and  152. 

If  the  votes  shall  be  equal,  the  question  shall  be  again  brought 
forw  ard  at  the  next  sitting,  and  if  an  equality  shall  again  occur,  the 
president  shall  then  have  a  casting  vote. 

Should  the  subject  of  discussion  be  one  requiring  merely  the  opin- 
ion of  the  Estates,  ever}^  member  who  shall  dissent  may,  if  he  think 
fit,  annex  such  dissent  to  that  opinion. 

[Article  129  rescinded  by  law  of  December  3.  1868.] 

130.  Communications  between  the  2  Chambers. — The  propositions, 
projects  of  law,  and  explanations,  submitted  by  one  Chamber  to  the 
other,  shall  be  returned  with  the  amendments,  which  must,  however, 
have  been  considered  by  a  committee. 

131.  Negotiations  between  the  2  Chambers^  if  differing  in  opinion^ 
and  proceeding .^  if  a  mutual  understanding  be  not  attainable. — If  the 
2  Chambers  should  be  unable  to  agree  upon  a  subject  submitted  to 
them,  after  the  first  consideration  of  it,  they  shall  appoint  a  joint 
committee  to  deliberate,  under  the  directions  of  the  presidents  of  the 
2  Chambers,  upon  the  means  of  effecting  a  unanimit}^  of  opinion, 
and  the  members  of  such  joint  committee  shall  lay  the  result  of  their 

1  Revised  by  law  of  June  30,  1902. 
*  Revised  by  law  of  December  3,   18G8. 


290  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

deliberations  before  each  Chamber,  for  further  consideration.  If 
the  Chambers  be  still  unable  to  agree,  and  the  question  under  discus- 
sion relate  to  matters  connected  with  the  passing  of  the  laws  or  the 
voting  of  grants,  the  regulations  contained  in  article  128  shall  be  ob- 
served, but  if  the  affair  be  merelj'  of  a  deliberative  character,  a 
written  declaration,  duly  signed  by  the  presidents  respectively,  in 
the  name  of  the  Chambers  shall  be  immediately  presented  by  each 
of  the  chief  authorities  of  the  State. 

132.^  Documents  common  to  hoth  Chambers. — The  propositions 
and  resolutions,  upon  which  both  Chambers  have  agreed,  shall  form 
one  document,  signed  by  the  presidents  of  the  two  Chambers,  in  the 
name  of  the  Assembly  of  the  States,  and  deposited  with  the  chief 
authorities  of  the  State. 

Special  petitions  of  the  Estates,  coming  from  one  Chamber  or  the 
other,  are,  with  the  exception  of  articles  110  and  131,  only  admis- 
sible when  one  of  the  Chambers  wishes  to  address  a  petition  to  the 
King. 

133.  Relative  position  of  the  Estates  to  the  chief  public  autlwr- 
ities. — ^The  intercourse  between  the  Crown  and  the  Estates  shall  be 
carried  on  only  through  the  medium  of  the  chief  authorities  of  the 
Kingdom,  and  with  those  authorities  alone  shall  the  2  Chambers, 
separately,  be  in  immediate  communication,  with  reference  to  mat- 
ters of  business. 

[Article  134  rescinded  by  law  of  October  12,  1874.] 

135.  The  deliberations  of  the  Chambers  to  be  public. — The  sitting8 
of  both  Chambers  shall  be  public.  They  shall  however  be  secret, 
upon  the  proposition  of  the  royal  commissioners,  when  relating 
to  matters  which  they  may  consider  to  require  secrecy;  and  also  at 
the  desire  of  3  members  of  the  Government,  to  whom  shall  be  added, 
after  the  withdrawal  of  the  spectators,  at  least  one-fourth  of  the 
members  of  the  Chamber,  who  must  coincide  in  the  necessity  of  a 
secret  deliberation. 

[Article  136  rescinded  by  law  of  October  12,  1874.] 

137.  Ordinance.^  regulating  the  proceedings  of  the  session. — Addi- 
tional regulations,  relative  to  the  session  of  the  Estates  and  to  the 
form  of  their  proceedings,  during  its  continuance,  shall  be  con- 
tained in  their  special  ordinance  intended  to  provide  for  these 
subjects. 

Section  VIII. — On  the  means  of  maintaining  the  Constitution. 

138.  Engagement  of  the  King.,  and  of  the  regent.,  upon  their  ac- 
cession to  the  Goverwment. — ^The  successor  to  the  throne,  on  his 
accession  thereto,  shall  promise,  upon  his  word  as  a  Prince,  and  in 
the  presence  of  the  collective  council  of  ministers  and  of  the  presi- 

1  Paragraph  2  was  added  by  law  of  October  12,  1874. 


CONSTITUTION    OF    SAXONY.  297 

dents  of  the  last  Assembly  of  tlie  Estates,  that  he  will,  during  his 
reign,  observe,  uphold,  and  maintain  entire,  in  all  its  provisions,  the 
Constitution  of  the  country,  as  agreed  upon  by  the  King  and  by 
the  Estates. 

A  similar  promise  shall  also  be  made  by  the  regent  (article  9). 
The  declarations  to  this  effect,  a  copy  of  which  shall  be  inserted  in 
the  collection  of  the  laws,  shall  be  handed  over  to  the  presidents  of 
the  two  Chambers,  who  shall  lay  them  before  the  next  Assembly  of 
the  Estates,  and,  in  the  meantime,  deposit  them  among  the  archives. 

139.  Oath  to  observe  the  Constitution. — The  oath  of  the  subjects 
of  the  State,  generally,  as  well  as  of  the  civil  officers,  and  of  the 
clergy  of  every  Christian  confession,  shall,  after  promising  fidelity 
and  obedience  to  the  King  and  to  the  laws  of  the  country,  contain 
an  engagement  to  observe  the  Constitution. 

140.  Complaints  of  the  Estates  against  the  mlnisteival  and.  other 
puhlic  authorities^  for  violations  of  the  Constitution. — The  Estates 
shall  have  the  right  to  represent  to  the  King,  in  the  usual  manner, 
any  violation  of  the  Constitution  committed  by  His  Majesty's  minis- 
ters or  by  the  other  authorities  of  the  State. 

The  King  shall  forthwith  redress  the  grievances  complained  of, 
or  should  any  doubt  prevail  on  the  subject,  he  shall  cause  an  investi- 
gation to  be  made  according  to  the  nature  of  the  grievance,  either 
by  the  chief  authorities  of  the  State  or  by  the  principal  judicial 
tribunal. 

If  the  investigation  shall  be  entrusted  to  the  chief  authorities  of 
the  State,  the.y  shall  communicate  their  opinion  thereupon  to  the 
King  for  His  Majesty's  decision,  but  if  the  principal  judicial  tribu- 
nal shall  be  charged  with  the  investigation,  that  tribunal  shall  de- 
cide the  matter.  The  result,  in  either  case,  shall  be  laid  before 
the  Estates. 

141.  Accusations  of  the  Estates.^  of  the  same  description^  against 
the  chiefs  of  the  ministerial  departments. — The  Estates  shall,  more- 
over, have  the  special  right  formally  to  accuse  the  chiefs  of  the  min- 
isterial departments  who  may  have  been  guilty  of  a  violation  of  the 
Constitution. 

Should  they  at  any  time  feel  it  their  duty  to  bring  forward  such 
an  accusation,  the  acts  complained  of  shall  be  accurately  described, 
and  the  matter  investigated,  in  both  Chambers,  by  a  special  com- 
mittee. 

Should  the  2  Chambers  concur  in  passing  resolutions  confirming 
the  accusation,  the  matter  shall  be  referred,  with  all  the  documents 
relating  thereto,  to  the  judicial  court  of  State  specially  appointed  for 
the  purpose  in  the  following  article. 

142.  Judicial  Court  of  State.  Its  jurisdiction. — A  Judicial  Court 
of  State  (Staatsgerlchtshof),  shall  be  established  for  the  legal  pro- 


298  CONSTITUTIONS  OF    THE   GERMAN   STATES. 

tection  of  the  Constitution;  this  Court  shall  take  cognizance  of 
those  acts  of  the  chiefs  of  the  ministerial  departments  whicli  may 
be  considered  to  have  been  directed  to  the  overthrow  of  the  Con- 
stitution, or  to  have  tended  to  a  violation  of  an}^  particular  part 
thereof. 

Recourse  may,  moreover,  be  had  to  the  same  Court,  m  the  cases 
mentioned  in  articles  83  and  153. 

143.  Its  orgwnization. — The  Judicial  Court  of  State  shall  consist 
of  a  president,  selected  by  the  King  from  amongst  the  chiefs  of  the 
higher  courts  of  justice,  and  of  12  judges,  6  of  whom  shall  be  chosen 
by  the  King  out  of  the  members  of  those  courts,  and  3  of  whom,  as 
also  2  substitutes,  shall  be  chosen  by  each  Chamber,  but  not  from 
amongst  the  members  of  the  Assembly  of  the  Estates.  Two,  at  least, 
of  the  members  chosen  by  each  Chamber  shall  be  of  the  legal  profes- 
sion, and  they  may  be  selected  from  amongst  the  servants  of  the 
State,  subject  to  the  approbation  of  the  King. 

The  first  of  the  judges  appointed  by  the  King  shall  perform  the 
duties  of  the  president,  in  the  event  of  his  being  prevented  from  at- 
tending to  them. 

The  period  for  which  the  members  are  to  be  appointed,  shall  be 
from  one  ordinary  session  to  another,  and  their  appointments  shall 
take  place  at  the  close  of  each  session.  In  case  of  an  adjournment 
of  the  session,  or  of  the  dissolution  of  the  Lower  Chamber,  the  Court 
appointed  at  the  close  of  the  previous  ordinary  session  shall  con- 
tinue in  authority,  until  the  closing  of  the  next  Assembly  of  the 
Estates. 

144.  The  president  and  the  whole  of  the  judges  shall  be  specially 
bound  to  the  performance  of  their  duties  as  members  of  this  Court, 
and  shall  be  released  from  their  oath  as  subjects,  or  as  public  servants, 
with  reference  to  those  duties. 

Neither  the  King  nor  the  Chambers  shall  recall  the  appointment 
of  any  members  during  the  time  for  which  they  may  have  been  nomi- 
nated ;  but  if  a  judge  chosen  by  one  of  the  Chambers  should  accept 
an  official  employment  he  shall  forthwith  cease  to  be  a  member  of  the 
Court,  but  may  be  reelected  by  the  Chamber  concerned. 

145.  Meetings  of  the  Judicial  Court  of  State. — The  Court  shall 
assemble  at  the  summons  of  the  president,  who  shall  issue  such  sum- 
mons, upon  the  receipt  of  an  order  to  that  effect  from  the  King,  coun- 
tersigned by  the  chief  of  the  Ministerial  Department  of  Justice,  or 
of  a  requisition  stating  the  object,  subscribed  by  the  presidents  of 
both  Chambers. 

The  functions  of  the  Court  shall  cease  as  soon  as  the  trial  is  ended. 
Tlie  president  shall  see  to  the  execution  of  the  decrees  of  the  Court, 
and  reassemble  it  in  case  of  any  delay  of  the  same. 


CONSTITUTION    OF    SAXONY.  299 

146.  Forms  of  its  proceedings, — The  president  shall  nominate  one 
of  the  members,  appointed  by  the  King,  and  one  of  those  of  the  legal 
profession,  appointed  by  the  Estates,  for  the  purpose  of  superintend- 
ing the  investigation  of  any  matter  submitted  to  the  Court. 

At  the  time  of  deciding  any  question  of  importance,  2  members 
shall  be  chosen  by  a  majority  of  the  whole  number,  including  the 
president,  for  the  purpose  of  reporting  to  the  Court  the  case  sub- 
mitted to  it. 

If  the  judge  who  is  to  report  first  should  be  one  of  the  members 
appointed  by  the  King,  the  other  reporter  shall  be  a  member  ap- 
pointed by  the  Estates,  and  vice  versa.  In  case  of  an  equality  of  votes 
at  this  election,  the  president  shall  decide. 

147.  An  equal  number  of  the  members  appointed  by  the  King,  and 
of  those  chosen  by  the  Estates,  shall  be  present  whenever  a  resolution 
is  passed. 

Should  there  by  chance  be  an  unequal  number,  which  can  not  be 
rectified  immediately,  by  another  nomination,  or  by  the  admission  of 
a  substitute,  the  last  member  on  the  side  of  the  majority  shall  retire, 
but  the  number  of  judges  shall  never  be  less  than  10. 

The  President  shall  not  vote,  except  in  the  cases  stated  in  articles 
146  and  153.  In  the  event  of  an  equality  of  votes,  the  decision  shall 
be  in  favor  of  the  accused  person. 

The  acts  of  the  Court  shall  be  printed  and  published. 

148.  Penal  authority  of  the  Court. — The  authority  of  the  Court  m 
awarding  punishments  shall  extend  only  to  an  express  disapproba- 
tion of  the  proceeding  complained  of,  or  to  a  removal  from  office. 

If  the  Court  shall  have  decreed  a  punishment  which  it  is  competent 
to  award,  without  expressly  excluding  a  further  one.  not  only  shall 
it  be  reserved  for  the  ordinary  judge  to  cause  further  proceedings 
to  be  taken  against  the  condemned  person,  but  the  Judicial  Court 
of  State  shall  communicate  to  the  judge  of  the  ordinary  court  the 
result  of  the  proceedings  consequent  upon  the  accusation. 

149.  Legal  remedy  against  its  decrees. — No  appeal  against  the 
sentence  of  the  Judicial  Court  of  State  shall  be  allowed,  but  an  ap- 
plication may  be  made  for  another  sentence.  In  this  case.  2  other 
members  shall  be  chosen,  as  reporter  and  co-reporter,  in  such  man- 
ner, that,  if  the  reporter  in  the  first  instance  shall  be  one  of  the 
members  appointed  by  the  King,  the  reporter  in  the  second  instance 
shall  be  one  of  those  chosen  by  the  Estates,  and  vice  versa.  In  order 
to  be  enabled  to  pass  another  sentence,  the  Court  shall  be  increased 
by  the  addition  of  2  members;  one  of  the  members  of  a  Superior 
Court  of  Justice  being  appointed  for  the  occasion  on  the  part  of  the 
King,  and  one  of  the  substitutes,  chosen  according  to  article  143, 
being  summoned  on  the  part  of  the  Estates. 


300  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

150.  Proceedings  of  the  King^  in  cases  of  indictment. — The  King 
shall  never,  on  any  account,  interrupt  an  investigation,  nor  exert  the 
right  of  pardon  granted  to  him;  in  such  manner  that  a  public 
servant,  condemned  by  the  Judicial  Court  of  the  State  to  be  displaced 
from  his  position,  shall  be  reinstated  or  appointed  to  another  office, 
connected  with  the  political  or  judicial  administration  of  the  coun- 
try; provided  that  the  sentence  of  the  court  did  not  contain  an  ex- 
press reservation  in  favor  of  the  condemned  person,  relative  to  his 
reinstatement. 

151.  Resignation  of  the  accused  'person. — The  resignation  of  the 
accused  person  shall  have  no  influence  upon  the  proceedings  insti- 
tuted against  him,  or  upon  the  sentence  of  condemnation. 

152.  Propositions  for  altering.,  or  explaining  the  Constitutional 
Law.,  or  for  adding  thereto. — Propositions  for  altering,  explaining, 
or  extending  the  stipulations  of  this  Constitutional  Law,  may  be 
submitted  by  the  King  to  the  Estates,  or  by  the  Estates  to  the  King. 

In  order  to  pass  a  valid  resolution,  in  the  event  of  such  proposi- 
tions being  made,  the  consent  of  the  2  Chambers  shall  be  necessary, 
and  the  presence  of  three-fourths  of  the  constitutional  number  of 
members,  as  well  as  a  majority  of  two-thirds  of  those  present,  shall 
be  necessary,  in  each  Chamber.  Such  propositions  shall  not,  how- 
ever, be  submitted  by  the  Estates  to  the  King,  until  resolutions  to 
that  effect  shall  have  been  agreed  to,  in  both  Chambers,  at  2 
ordinary  and  successive  sessions  of  the  Estates;  but  during  the  first 
session  which  shall  be  held  after  the  publication  of  this  Constitutional 
Law,  no  alteration,  explanation,  or  addition,  thereto,  shall  be  pro- 
posed or  resolution  adopted. 

153.  Settlement  of  doubtful  points  in  the  Constitutional  Law. — 
Should  doubts  arise,  with  respect  to  the  meaning  of  any  particular 
points  of  this  Constitutional  Law,  and  the  same  be  not  removed 
by  an  understanding  between  the  Government  and  the  Estates,  the 
conflicting  opinions,  as  well  on  the  part  of  the  Government  as  on 
that  of  the  Estates,  shall  be  submitted  to  the  Judicial  Court  of  the 
State  for  decision. 

For  this  purpose,  each  party  shall  submit  to  the  Court  a  written 
paper,  containing  a  statement  of  the  arguments  and  reasoning  there- 
upon; which  document  shall  be  communicated  by  each  party  to  the 
other,  and  replied  to  in  another  w^ritten  paper,  so  that  each  party 
shall  be  in  possession  of  2  documents.  In  case  of  an  equality  of 
votes  at  the  time  of  settling  the  doubtful  points,  the  president  of 
the  Court  shall  give  the  casting  vote. 

The  interpretation  decided  upon  in  this  manner  shall  be  regarded 
as  authentic,  and  be  respected  accordingly. 

154.  Repeal  of  laws.,  ordinances.^  atid  ohservarwes  at  varianfice 
with  the  Constitutional  Law. — All  laws,  ordinances,  and  observances. 


COXSTITUTION    OF   SAXONY.  301 

which  are  at  variance  with  an  express  stipulation  in  the  present 
Constitutional  Law,  shall  be  invalid. 

Whilst  we  hereby  declare  the  foregoing  articles  to  be  the  Funda- 
mental Law  of  our  Kingdom,  we,  at  the  same  time,  and  upon  our 
princely  word,  publish  the  assurance  that  we  will,  ourselves,  not 
only  faithfully  comply  with  the  stipulations  therein  contained,  but 
also,  to  the  utmost  of  our  power,  defend  this  Constitution  against 
every  attack  and  violation. 

In  testimony  whereof,  we  have  subscribed  with  our  own  hands 
the  present  Fundamental  Law  of  the  State,  and  caused  it  to  be  sealed 
with  our  royal  seal. 

Done  and  given  at  Dresden,  on  the  4th  of  September  in  the  year 
of  Christ,  our  blessed  Saviour  and  Redeemer,  1831. 

[l.  s.]  ANTON. 

FRIEDRICH  AUGUST, 

Duke  of  Saxony. 

GoTTLOB  Adolf  Ernst  Nostiz  und  Janckendorf. 

JoHANN  Daniel  Merbach. 


SAXE-ALTENBURG. 

CONSTITUTION  OF  APRIL  29,  1831/ 
[preamble.] 

We,  Friedrich,  by  the  grace  of  God,  Duke  of  Saxony,  Juliers, 
Cleve  and  Berg,  also  Engern  and  Westphalia,  Landgrave  of  Thu- 
ringia,  Margrave  of  Meissen,  Count  of  Henneberg,  invested  with 
princely  dignity.  Count  of  the  Mark,  and  Ravensberg,  Earl  of  Raven- 
stein,  etc.,  extend  our  most  gracious  greeting  to  all  our  loyal  subjects 
and  impart  to  them :  We  have  resolved  to  grant  our  Duchy  a  Con- 
stitution, and  after  deliberating  with  our  loyal  Provincial  Assem- 
bly and  with  its  consent  we  ordain  as  follows : 

FIRST  PART.- 

Section  I. — The  Duchy. 

Article  1.  The  Duchy  of  Saxe-Altenburg,  as  it  appears  and  is 
defined  by  the  treaties  of  partition  of  the  Joint  House  of  Saxony 
and  subject  to  further  treaties  to  be  negotiated  with  other  states, 
represents  a  unit,  and  the  Constitution  applies  to  this  in  its  entirety. 

Art.  2.  Of  this  constitutional  territory  no  part  can  be  sold.  In 
the  event  of  partition  of  inheritance  in  the  Joint  House  of  Saxony, 
the  rules  of  the  Joint  House  of  Saxony  must  be  applied. 

If  an  exchange  of  territory  seems  advisable  or  necessary  for  the 
settlement  of  disputes  regarding  boundary  lines,  or  questions  of 
sovereignty,  and  if  a  transfer  of  domain  property  is  essential,  the 
Provincial  Deputation  is  to  be  heard  before  the  approval  of  the 
Sovereign  is  granted. 

Art.  3.2  The  present  assets  of  the  country,  the  public  property  con- 
tained in  the  domains  and  castles  (with  the  exception  of  the  invest- 
ments made  by  the  present  ruler  or  his  successors  from  privy  purse) 
are  to  be  inherited  undiminished  by  the  succession  in  the  reign  of 
the  Ducal  Special  Line  of   Saxe-Altenburg.     Under  no  pretense 

1  Translation  by  George  C.  Zeydel  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  349-390. 

2  Compare  the  law  of  April  29,  1874,  concerning  regulations  as  to  legal  questions 
relating  to  domanial  property.  In  accordance  with  the  provisions  of  this  law,  the  entire 
domanial  property  has  been  divided  in  such  a  way  that  the  Ducal  House  received  two- 
thirds  as  its  absolute  property  and  the  country  one-third.  The  privilege  of  the  ruling 
Duke  to  receive  a  civil  list  was  hereby  revoked  and  this  right  expired  on  October  1,  1874 
(article  5).     Compare  note  to  articles  18  flP. 

302 


CONSTITUTION   OF   SAXE-ALTENBUKG.  303 

can  a  portion — if  not  procured  by  proceeds  of  privy  coffers — be 
claimed  from  the  succession  by  the  heir  of  an  allodial  estate  during 
the  reign  of  the  present  Special  House.  A  privy  domain  or  private 
possession  can  not  be  taken  away  from  the  sovereignty. 

Section  II. — The  Sovereign. 

Art.  4.  The  Duke  as  Sovereign  is  the  head  of  the  State,  combines 
in  his  person  the  entire  undivided  State  authority  and  exercises  it 
subject  to  the  provisions  laid  down  in  the  Constitution. 

His  person  is  sacred  and  inviolable.  He  can  not  transfer  the  seat 
of  government  under  any  circumstances  outside  of  the  State. 

Art.  5.  The  laws  enacted  under  the  Consitution  will  only  be  an- 
nounced by  the  Duke  as  head  of  the  Government  or  with  his  approval 
and  in  his  behalf. 

Art.  6.  The  Duke  is  the  head  of  the  entire  State  authority  and 
represents  the  State  in  all  its  relations  toward  other  states. 

Art.  7.  The  entire  administration  of  justice  and  all  police  func- 
tions will  be  exercised  in  the  name  of  the  Duke  directly  or  indirectly 
and  shall  be  carried  on  under  his  supreme  supervision. 

Art.  8.  No  death  sentence  can  be  inflicted  without  the  approval 
of  the  Duke.  The  Duke  has  the  right  of  pardon  in  penal  cases.  This, 
however,  does  not  bar  civil  procedure  in  regard  to  private  claims 
emanating  from  violations  of  law. 

Art.  9.  The  Duke  alone  can  levy  taxes  and  assessments  subject 
to  provisions  prescribed  under  Fifth  Part,  articles  201-209. 

Art.  10.  The  Duke  has  exclusive  power  over  the  military  force. 
Only  with  his  consent  and  in  his  behalf  can  the  arming  of  the  resi- 
dents be  ordered. 

Section  III. — Relations  toicard  the  Joint  House  of  Saxony  and  the 
German  Confederation. 

Art.  11.  The  Duke  is  at  the  same  time  a  member  of  the  German 
Confederation  and  the  Joint  House  of  Saxony.  In  this  respect  he 
has  in  accordance  with  the  Federal  and  House  laws  rights  and  duties 
which  can  not  be  altered  by  domestic  legislation. 

Art.  12.  The  resolutions  of  the  Federal  Assembly  concerning  the 
relations  of  the  German  Confederation,  its  members  and  the  German 
citizens  in  general,  are  a  part  of  the  State  laws  of  the  Duchy  Alten- 
burg,  and  are  legally  binding  and  in  force  after  their  proclamation 
by  the  Sovereign.  This,  however,  does  not  exempt  the  provinces  of 
the  Duchy  from  the  contributions  to  meet  the  Federal  obligations  as 
far  as  is  prescribed  in  the  Constitution  (article  204.) 


304  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

I 

Section  IV. — Successor  to  the  throne. 

Art.  13.  The  succession  to  the  Government  is  by  virtue  of  the  rule 
of  primogeniture  of  June  24,  1703,  and  the  testamentary  order  of 
January  11,  1705,  hereditary  in  the  direct  male  descendency  of  the 
present  ruling  Duke  according  to  the  rules  of  primogeniture  and 
lineal  succession,  in  such  way  that  after  the  extinction  of  the  ruling 
line  the  nearest  related  line  and  among  it  the  first  born  male  des- 
cendant is  entitled  to  preference. 

This  also  settles  for  the  Ducal  Special  House  the  State  hereditary 
succession  for  all  territories  and  possessions  which  may  hereafter  be 
incorporated  and  for  all  cases  of  succession  for  which  the  treaties 
and  the  traditions  in  the  Joint  House  of  Saxony  of  the  Ernestinian 
and  Albertinian  line  offer  a  criterion. 

At  the  same  time  it  is  provided  that  an  assignment  of  the  debts  of 
new  possessions  to  the  ducal  main  land  can  not  be  made  without  the 
consent  of  the  Provincial  Diet. 

Art.  14.  The  government  acts  of  the  predecessors  are  to  be  recog- 
nized and  carried  out  by  the  successor  as  long  as  they  have  not  been 
enacted  in  violation  of  the  Constitution  and  the  House  laws. 

Section  V. — Majority. — Giiardianshif. 

Art.  15.  The  Duke  and  all  princes  of  the  Ducal  House  become  of 
legal  age  when  attaining  21  years  and  are  then  respectively  eligible 
to  rulership.  The  Duke  can  declafe  princes  of  the  House  after  they 
have  attained  the  age  of  18  years  as  being  of  legal  age  at  the  request 
of  their  original  guardian  or  a  guardian  appointed  for  that  purpose. 

The  Duke  himself  can  Avhen  he  attains  the  age  of  18  be  pronounced 
of  legal  age  by  the  oldest  among  the  rulers  of  the  Joint  House  of 
Saxony  of  all  lines  with  the  consent  of  the  guardianship  and  the 
regency. 

Art.  1G.  During  the  minority  of  the  successor  to  the  throne  the 
rightful  mother  of  the  future  ruler  will  assume  the  guardianship  and 
regency  in  case  no  other  dispositions  have  been  made  by  the  deceased 
ruler.  If  she  is  not  living  any  more  or  is  remarried  or  incapacitated^ 
the  regency  shall  be  conducted  by  the  oldest  of  the  princes  among  the 
agnates  of  the  Ducal  House  when  of  legal  age.  If  no  such  prince  is 
living,  the  oldest  ruler  of  the  Joint  House  of  Saxony  of  the  Gotha 
line  shall  assume  the  regency. 

Art.  17.  Associated  with  the  guardianship  is  a  council  of  regency, 
consisting  of  at  least  three  members  of  the  Ministry,  advising  the 
guardian  as  to  all  government  matters. 

If  no  other  provision  has  been  made  in  this  respect  by  the  late 
ruler,  the  Ministry  which  served  under  him  will  act  as  council  of 
regency. 


CONSTITUTION   OF   SAXE-ALTENBUKG.  305 

The  latter  will  at  the  same  time  take  charge  of  the  management  of 
the  private  revenues  and  the  privy  purse  of  the  minor  and  his 
accounts. 

Section  VI. — Domanial  property. — Family  private  funds. — Private 

purse. — Civil  List. 
Arts.  18-22.^ 

Section  VII. — Wife  of  the  Sovereign. 

Art.  23.  The  wife  of  the  Duke  assumes  the  title  and  coat  of  arms 
of  her  husband.  Her  rank  is  higher  than  that  of  all  other  members 
of  the  family  directly  after  the  ruler. 

Art.  23;  Par.  2.— Art.  24.^ 

Section  VIII. — Hereditary  prince. — Later-horn  pnnees  and 

2?rincesses. 

Arts.  25,  26.2 

Art.  27.  No  prince  whose  father  is  still  living  shall  as  a  rule 
maintain  an  own  household  unless  he  derives  an  income  thiough 
foreign  service  or  other  sources  until  he  marries. 

Art.  28.  No  prince  or  princess  of  the  house  can  marry  Avithout  the 
approval  of  the  ruling  Sovereign.  All  marriage  settlements  of  princes 
and  princesses  are  null  and  void  if  not  confirmed  by  the  ruling  Duke. 

A  marriage  performed  without  the  Duke's  consent  has  therefore 
no  legal  standing  in  regard  to  rank,  title,  and  coat  of  arms. 

No  claims  as  to  succession  to  rulership,  princely  emoluments, 
dowry  or  dower  rights  can  be  made  in  such  case.  The  children 
issued  from  such  marriage  or  their  mother  can  claim  during  the  life- 
time of  the  prince  only  the  right  of  alimony  from  his  private  purse. 
In  case  he  dies  intestate  his  children  and  their  mother  are  entitled 
only  to  one-sixth  or  one-fourth  of  the  personal  estate,  according  to 
whether  the  deceased  leaves  legitimate  children  from  another  mar- 
riage or  not. 

Arts.  29-33.^ 

^ _ 

1  "  On  the  date  set  in  article  3  (October  1,  1874)  the  right  of  the  ruling  Duke  in  regard 
to  a  Civil  List  (revenue  from  the  domanial  property)  expires,  as  well  as  all  other  con- 
tributions which  the  State  previously  had  to  make  for  the  maintenance  of  the  ducal  court. 
Renouncing  these  privileges  for  us  and  our  successors,  we  consider  the  property  rights 
and  emoluments  provided  for  our  Ducal  House  by  the  present  law  as  ample  indemnity  and 
compensation.  All  obligations  heretofore  met  by  the  Civil  List  (domanial  revenues), 
especially  those  which  the  ruling  Duke  incurred  in  regard  to  the  members  of  the  Ducal 
House,  are  now  to  be  defrayed  from  the  proceeds  of  the  domain  entail.  The  Constitution 
and  the  House  laws  govern  the  existing  obligations  of  that  nature  and  the  amounts  to 
be  paid."  Article  5  of  the  law  of  April  29,  1874.  "  All  provisions  conflicting  with  the 
present  law  are  suspended."     Article  25  of  the  law  cited. 

2Cf.  note  to  articles  18  ff.  and  to  article  3. 

92975—19 20 


306  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Section  IX. — Private  lights. 

Art.  34.  The  members  of  the  Ducal  House  must  make  disposition 
in  regard  to  their  private  estate  in  accordance  with  the  law  of  the 
land,  and  by  the  law  of  the  land  the  succession  also  is  settled. 

Art.  35.  All  complaints  against  a  member  of  the  Ducal  House  in 
regard  to  property  or  contracts  are  to  be  filed  with  the  judicial 
department  of  the  country.  The  ruler  has,  however,  to  be  notified  of 
the  prospective  litigation  in  advance,  and  a  copy  of  the  complaint  is 
to  be  submitted  to  him  giving  him  an  opportunity  for  a  settlement 
of  the  case. 

In  regard  to  all  other  personal  legal  matters  of  the  princes  and 
the  princesses  of  the  House  the  ruler  has  to  decide  on  the  mode  of 
procedure  after  a  conference  with  the  family  council  consisting  of 
the  princes  of  legal  age  not  concerned  in  the  matter  and  the  Min- 
istry, as  well  as  the  court  officials  of  higher  rank. 

Section  X. — Responsibility  for  governmental  acts. 

Art.  36.  The  Sovereign  himself  stands  above  reproach  and  is  not 
personally  responsible  for  any  of  his  government  acts.  He  exercises 
these  functions  under  the  responsibility  of  the  Ministry  consisting 
of  a  number  of  counselors. 

For  that  reason  every  official  act  bearing  the  signature  of  the  ruler 
must  contain  the  counter-signature  of  a  member  of  the  Ministry  as 
evidence  that  the  act  has  been  duly  considered  in  the  privy  council 
and  that  the  legality  of  the  matter  has  been  deliberated  upon. 

Art.  37.  The  responsibility  for  each  unlawful  act  rests  first  on  the 
one  from  w,hom  it  emanated.  Orders  of  a  superior  official,  even  of 
the  Sovereign,  cover  such  acts  onjy  in  case  the  order  has  been  given  in 
proper  form  by  the  superior  official,  in  which  case  he  bears  the  re- 
sponsibility. 

The  charge  against  higher  State  officials  in  regard  to  unlawful  acts 
countersigned  by  them  or  orders  of  that  nature  can  be  brought  by  the 
Provincial  Diet  after  the  party  aggrieved  by  such  act  has  tried 
in  vain  to  secure  from  the  authorities  and  the  Sovereign  a  repeal  of 
the  measure  in  question  and  the  payment  of  indemnity  for  damages 
sustained.  Before  such  steps  can  be  taken  the  complaint  is,  however, 
to  be  submitted  to  the  Sovereign  for  the  purpose  of  a  review  of  the 
matter  on  the  part  of  the  administrating  officials.  If  the  complainant 
can  get  no  satisfaction  in  the  matter  he  may  take  the  case  before  the 
Court  of  Appeals  under  the  provision  of  article  39  of  the  rules  of  the 
Court  of  Appeals. 


CONSTITUTION    OF    SAXE-ALTENBURG.  307 

SECO^'D  I'ART. GENERAL  RIGHTS  AND  DUTIES  OF  SUBJECTS. 

Section  I. — Status  of  subjects  and  their  civic  rights. 

Art.  38.  All  residents  dwelling-  under  the  protection  of  the  ducal 
State  authorities  are  by  virtue  of  their  out^oken  or  tacit  submission 
to  be  considered  as  subjects  (State  citizens).  Their  relation  toward 
the  State  authority  and  the  country  as  life-long  residents  is  per- 
manent, while  others  residing  in  the  country  only  for  a  time  are 
termed  as  temporary  subjects,  and  their  relations  toward  the  State 
are  considered  only  as  temporary  (article  94). 

Art.  39.  If  a  subject  establishes  a  household  within  the  boun- 
daries of  the  Duchy,  or  belongs  by  marriage  or  parental  authority 
to  a  household  therein,  he  assumes  as  inhabitant  all  personal  and  real 
rights  and  duties  of  a  subject  as  well  as  for  his  person  as  for  his 
kinsmen,  and  his  estate. 

If  a  person  acquires  property  in  the  Duchy  but  does  not  personally 
take  possession  of  same,  he  is  considered  as  a  foreign  estate  holder, 
settler  {Fovenser)  in  the  broader  sense  of  the  word  (article  91.) 

Art.  40.  The  right  of  citizenship  is  closely  connected  with  the 
status  of  subjects.  Those  entitled  to  it  enjoy  besides  legal  protection 
special  State  rights  and  personal  privileges. 

Art.  41.  In  order  to  claim  the  right  of  subjects  it  is  only  necessary 
to  establish  their  home  right  (right  of  residence,  naturalization)  in 
the  Duchy.    These  rights  can  be  secured  as  follows : 

(«)  By  birth  from  a  mother  who  lives  in  marriage  with  a  subject 
of  Altenburg  or  (in  case  of  an  illegitimate  birth)  a  mother  being  a 
subject.  In  both  cases  it  is  immaterial  whether  the  birth  took  place 
in  the  country  or  during  a  temporary  stay  of  the  mother  in  a  foreign 
state.  Provisions  regarding  the  domicile  of  children  of  a  native  born 
in  a  foreign  country  and  of  children  born  by  a  foreigner  while  being 
in  this  country  are  governed  by  special  agreements  of  the  various 
states. 

(&)  By  a  marriage  of  a  female  foreigner  with  a  subject,  performed 
according  to  the  laws  of  the  land. 

(c)  By  the  appointment  to  a  position  in  the  State  ecclesiastical  or 
school  administration,  by  entering  the  military  service  and  perma- 
nent assignment  in  the  service  of  the  Ducal  Court. 

{df)  By  being  admitted  as  member  of  a  township. 

(e)  By  land  grants. 

Concerning  the  naturalization  of  those  being  without  a  domicile 
the  treaties  made  with  other  Federal  states  and  those  still  to  be  nego- 
tiated have  to  be  considered  (article  98). 

Art.  42.  In  order  to  be  admitted  to  the  citizenship  of  the  Duchy  of 
Altenburg  it  is  required  that  the  applicant  be  of  the  Christian  faith ; 


308  CONSTTTUTIONS  OF   THE   GERMAN   STATES. 

the  particular  denomination  of  the  applicant  does  not  make  any  dif- 
ference as  to  his  political  or  civic  rights. 

The  admission  is  to  be  effected  by  the  respective  township  under  the 
supervision  of  the  Government  in  accordance  with  the  legal  forms. 

Art.  43.  The  rights  of  the  subject  cease  (a)  by  the  marriage  of  a 
female  resident  with  a  foreigner,  (&)  by  joining  the  court  or  military 
service  of  a  foreign  state  as  well  as  by  accepting  an  ecclesiastical  or 
school  position  in  a  foreign  country,  {c)  by  emigration  (article  69). 
In  the  latter  two  cases  the  citizenship  may  continue  if  a  petition  to 
that  effect  is  made  to  the  Sovereign. 

Section  II. — Rights  of  subjects  who  at  the  same  time  are  residents. 

Art.  44.  Every  subject  of  Altenburg  who  likewise  is  a  resident 
(article  39)  has,  irrespective  of  rank  and  birth,  the  same  claim  to  the 
civic  rights  laid  down  in  the  Constitution  (article  81).  In  the  same 
way  all  the  rights!  and  duties  connected  with  the  citizenship  and 
residence  are  defined  by  the  present  Constitution  and  concern  all 
alike,  irrespective  of  rank  or  birth. 

The  rights  of  the  resident  subjects  are,  beside  the  personal  free- 
dom of  faith  and  conscience  (article  129),  as  follows: 

1.  Legal  Peotection. 

Art.  45.  No  subject  who  likewise  is  a  resident  shall  be  deprived  of 
justice  in  civil  or  criminal  matters,  except  in  cases  especially  defined 
by  law,  and  shall  not  be  tried  under  foreign  laws  as  long  as  he  has  not 
subjected  himself  to  them.  Therefore,  no  extradition  or  summoning 
to  foreign  countries  is  permitted  unless  state  treaties  of  reciprocity, 
especially  in  regard  to  identifications  and  misdemeanors,  as  violation 
of  forest  laws,  provide  otherwise. 

The  presiding  judge  of  the  Supreme  Court  has  the  power  to  refer 
cases  coming  under  his  jurisdiction  to  a  lower  court  in  order  to 
relieve  the  work  of  the  higher  tribunal  or  in  case  the  judge  is  a 
relative  to  one  of  the  parties  in  the  case. 

The  State  Government  has  in  case  of  an  open  revolt  or  apparent 
resistance  toward  the  authorities  the  power  to  create  special  criminal 
courts  for  trial  also  for  such  persons  who  do  not  belong  to  the  mili- 
tary force.  The  authorities  are  also  empowered  to  appoint  in  such 
event  a  court  martial  forthwith. 

Should  other  conditions  not  as  serious  but  still  endangering  the 
public  safety  and  welfare  prevail,  the  consent  of  the  Provincial 
Deputation  for  the  appointment  of  special  criminal  courts  shall  be 
sought. 

In  both  cases  the  criminal  judges  must  take  the  oath  of  office. 


CONSTITUTION    OF    SAXE-ALTENBURG.  30.9 

Art.  46.  The  judicial  proceeding  and  judgment  within  their  legal 
form  and  effect  prevail  and  are  independent  of  all  arbitrary  influence 
of  the  State  Government. 

It  is,  however,  the  duty  of  the  Government  to  provide  speedy,  im- 
partial and  less  expensive  administration  of  justice  and  establish 
such  by  virtue  of  its  power  of  supervision  and  discipline. 

Every  official  of  the  judiciary  bench,  whether  appointed  by  the 
State  or  chosen  from  a  city  council  and  confirmed  by  the  State  Gov- 
ernment (article  121)  (taking  the  oath  as  judge  or  actuary)  is  con- 
sidered appointed  for  life  and  can  not  be  impeached  without  the 
judgment  of  a  court,  nor  assigned  to  another  position  without  main- 
taining his  rank  and  salary  and  being  reimbursed  for  moving  ex- 
penses (article  83). 

In  view  of  the  patrimonial  courts  the  consolidation  of  several 
courts  and  their  merging  into  one  tribunal  shall  in  the  future  be 
considered,  likewise  a  reassignment  of  judges  and  an  equalization  as 
to  their  appointment  for  lifetime. 

Concerning  disputes  between  the  judiciary  and  executive  officials 
the  highest  official  in  authority  in  the  State  has  to  render  decision. 

Art.  47.  No  new  law  shall  have  retroactive  force.  For  each  final 
judgment  reasons  must  be  given  in  the  decision  rendered,  and  the 
finding  must  be  explained. 

Art.  48.  The  Sovereign  has  the  right  to  commute  a  sentence  and  to 
pardon  the  convicted  (article  8),  but  no  authority  to  pronounce  a 
more  severe  fine  or  sentence  than  the  one  imposed  by  the  trial  judge. 
In  case,  in  rendering  a  sentence,  a  penal  provision  is  overlooked  or 
not  properly  applied,  the  judicial  department  may  give  an  opinion 
to  that  effect  and  make  a  motion  for  instituting  certiorari  pro- 
ceedings. 

The  fine  providing  for  the  confiscation  of  an  entire  estate  is,  with- 
out prejudice  to  article  55,  to  be  abolished  and  is  to  be  substituted  br- 
other punishment. 

Art.  49.  All  State  or  domanial  treasuries  and  funds  have  to 
answer  complaints  made  by  subjects  before  the  judiciary. 

Before  the  complaint  is  filed,  the  case  must  bo  presented  and  con- 
sidered by  the  administration  and  a  detailed  statement  of  the  claim 
must  be  given  either  to  the  highest  authority  or,  if  it  concerns  a  lower 
treasury,  to  the  authorities  having  supervision  over  same. 

Art.  50.  The  communes  must  seek  the  permission  of  the  Govern- 
ment before  they  can  file  an  action,  and  a  hearing  of  the  case  must 
take  place  before  the  authorities  proceed  to  the  lawsuit  (arti- 
cle 125). 


310  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

2.  Freedom  of  the  Individual.     Legal  Annulment  of  Private  Compulsory 
Methods  Toward  Person  and  Property. 

Art.  51.  No  subject  shall  be  arrested  without  being  suspected  of 
the  commission  of  a  crime,  the  suspicion  to  be  substantiated  by  facts 
or  owing  to  other  legal  causes.  He  should  have  a  hearing  one  day 
after  his  arrest  or  as  soon  as  the  establishment  of  facts  warrant  it, 
and  he  should  likewise  be  informed  of  the  reason  for  being  deprived 
of  his  liberty. 

In  case  he  is  held  in  custody  for  more  than  three  times  24  hours 
the  judge  is  subject  to  a  fine  {Sach^enhusse)  for  every  further  day  of 
unjustifiable  delay. 

Art.  52.  The  prisoners  shall  be  treated  moderately,  and  a  confes- 
sion shall  not  be  exacted  by  compulsory  methods.  Only  stubborn 
refusal  to  answer  and  evident  lies  make  the  defendant  liable  to  lawful 
punishment. 

Art.  53.  All  compulsory  measures  restraining  the  freedom  of  the 
individual  and  property,  no  longer  in  accordance  with  the  higher 
state  of  civilization  of  the  country  (as  the  levy  of  socage  and  services 
detrimental  to  agriculture  and  forestry,  the  right  of  levying  tithes, 
the  order  pertaining  to  milling  obligations,  and  other  privileges — 
shall  be  redeemed  or  abolished  after  the  payment  of  proper  indemnity 
in  accordance  with  the  law.  This  shall,  however,  not  apply  to 
services  to  be  rendered  to  the  State  and  its  head  by  the  subjects 
and  communities  (as  to  State  socages,  quartering,  carting,  services 
for  churches  and  schools,  street,  and  road  work,  etc.). 

3.  Safeguards  for  PR0Pi<ntTY. 

Art.  54.  The  State  provides  for  the  safety  of  private  property. 
No  private  property  can  be  seized  by  the  State  or  a  township  unless 
it  is  used  for  important  purposes,  and  in  such  a  case  an  adequate  com- 
pensation must  be  paid  the  owner  for  the  loss.  Such  an  obligation 
for  the  surrender  of  private  property  exists  for  instance  in  case 
of  the  building  of  new  streets  and  roads,  for  the  widening  and  exten- 
sion of  such,  for  the  improvement  of  public  thoroughfares  and  high- 
ways, the  widening  of  rivers  and  streams,  for  cutting  through  or 
digging  for  the  improvement  of  waterways,  for  the  extension  of 
cities,  villages,  and  public  buildings,  the  erection  of  market-places, 
and  the  replacing  of  destroyed  buildings.  The  Government  has 
jurisdiction,  in  case  the  owner  disputes  the  necessity  of  the  seizure, 
and  appeal  against  the  decision  of  the  authorities  can  be  made  to 
the  Sovereign. 

If  there  is  no  judicial  finding  as  to  the  amount  of  indemnity,  an 
appraisal  has  to  be  made  by  thre6  experts  who  must  ascertain  the 


CONSTITUnOX   OF    SAXE-ALTENBUKG.  311 

market  value  of  the  property.  The  owner  appoints  one  of  the  ap- 
praisers, the  State  or  the  township  anothec,  and  the  third  is  to  be 
appointed  by  the  court  having  jurisdiction  in  the  matter.  All  three 
appraisers  must  be  sworn  in  before  they  take  up  their  task. 

Art.  55.  The  State  Government  has  the  right  to  seize  such  pieces 
of  personal  propert}',  w^hose  possession,  use,  or  unrestrained  circula- 
tion may  under  prevailing  circumstances  become  injurious  to  the 
welfare  of  the  State  either  permanently  or  temporar}^  by  means  of 
police  ordinances.  Thus  the  surrender  of  arms  may  be  demanded 
in  case  of  a  misuse  threatening  public  safety  has  occurred  or  is  to  be 
feared.  Further,  the  surrender  and  destruction  of  objects  tending 
to  spread  contagious  disease  in  times  of  an  epidemic  may  be  de- 
manded. 

Every  subject  is  in  this  event  held  to  give  up  such  objects  and 
will  be  indemnified  if  he  possessed  them  before  the  ordinance  was 
enacted  but  will  receive  no  indemnity  if  the  things  were  procured 
after  the  order  had  been  announced. 

Furthermore  there  have  not  been  revoked  orders  in  regard  to  fiscal 
and  police  confiscations  regarding  the  regulations  of  market  and 
guild-privileges  (especially  as  to  the  adulteration  of  food,  as  wine, 
beer,  etc.). 

4.  Right   to   Dispose   of    Property. 

Art.  56.  Every  subject  can  dispose  of  his  property  without  re- 
straint as  soon  as  he  becomes  of  legal  age  and  is  not  subject  to  a 
guardian  for  his  person  and  estate.  The  assignment  of  property  is 
unlimited,  but  the  buyer  can  not  claim  the  right  of  citizenship  by 
virtue  of  the  purchase. 

Art.  57.  The  subject  can  also  have  property  in  foreign  countries 
provided  this  does  not  require  him  to  settle  there.  In  such  case 
the  permission  of  the  Sovereign  has  to  be  sought. 

5.  Freedom  in  the  Pursuit  of  Trade. 

Art.  58.  Every  subject  of  Altenburg  who  is  likewise  a  resident  en- 
joys the  privilege  to  pursue  a  trade  and  the  right  to  use  hi&  physical 
and  mental  powers  to  earn  a  living.  He  has,  however,  to  obey  the  pres- 
ent laws,  the  police  regulations  and  furthermore  the  private  grants 
and  privileges  of  others.  The  pursuit  of  a  corporated  trade  is  espe- 
cially subject  to  the  rules  of  the  respective  guild  as  to  apprenticeship, 
etc. 

Art.  59.  Monopolies  (exclusive  privileges)  shall  hereafter  not  be 
granted  or  renewed. 

As  a  reward  for  new  inventions  or  important  improvements  of  old 
inventions,  patents  can  be  obtained  for  the  term  of  several  years. 
These  entitle  the  inventor  to  the  exclusive  right  to  dispose  of  the 


312  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

inventions  and  receive  all  the  profits  emanating  from  such  invention 
fpr  the  time  specified.    ' 

Art.  60.  The  subject  is  also  at  liberty  to  invest  and  take  part  in 
foreign  business  enterprises,  factories,  etc.  This,  however,  does  not 
release  him  of  his  duties  as  a  subject  of  this  country. 

6.  Eligibility  for  Offices  in  the  State,  Church,  and  School  Service. 

Art.  61.  No  subject  of  Altenburg  is  barred  in  consequence  of  his 
birth  or  rank  from  the  eligibility  for  State  and  other  public  offices, 
nor  from  the  ecclesiastical  or  school  service.  Every  applicant  is,  how- 
ever, subject  to  a  proper  examination  in  regard  to  his  knowledge  and 
fitness. 

In  case  of  equal  efficiency  the  native  is  to  be  considered  first. 

The  Sovereign  appoints  and  confirms  all  servants  of  the  State,  if 
he  does  not  entrust  the  authorities  with  the  appointing  powder. 

7.  Free  Choice  in  Regard  to  Education  and  Selection  of  Institutions  for 

That  Purpose. 

Art.  62.  The  subject  has  therefore  also  the  right  to  select  his  profes- 
sion or  trade  and  to  secure  his  education  and  training  in  this  or  a 
foreign  country  under  the  provisions  made  to  that  end,  especially 
as  to  preparations  for  the  State  service. 

Art.  63.  All  schools  and  other  educational  institutions  of  the 
country  are  open  to  all  subjects,  unless  their  rules  and  regula- 
tions contain  restrictions  in  regard  to  admission. 

8.  Right  to  Marry  and  Establish  a  Household. 

Art.  64.  A  male  subject  can  after  attaining  the  age  of  21  marry  a 
resident  or  foreigner  and  establish  an  own  household  as  soon  as  he 
proves  that  (a)  he  has  established  a  voluntary  domicile  in  the  coun- 
try, that  (h)  he  has  been  released  of  military  service,  and  (c)  that 
he  has  not  been  a  public  charge.  The  wife  secures  by  the  marriage 
the  right  of  home,  and  the  children  of  such  persons  are  considered  as 
subjects  (article  39). 

Petitions  regarding  marriages  of  minors  can  only  be  granted 
when  the  aforesaid  conditions  (a,  b,  c)  have  been  comjjlied  with 
and  the  declaration  of  majority  has  been  sought  and  granted  by  the 
Sovereign. 

In  reference  to  the  marriage  of  attendants  in  the  service  of  the 
Ducal  Court  and  members  of  the  military  force  special  provisions 
have  been  made. 

The  restriction  as  to  the  age  of' marriage  does  not  apply  to  the  sub- 
jects of  the  female  sex,  but  after  marrying  a  foreigner  they  lose 
their  home  rights. 


CONSTITUTION   OF    SAXE-ALTENBURG.  313 

9.  Right  of  Making  Complaints. 

Art.  65.1  ^j^g  subject  has  the  right  to  file  a  complaint  with  the 
superior  authorities  about  the  unlawful  or  improper  action  of  an 
official  or  about  the  delay  of  a  decision.  A  final  appeal  can  be  made 
to  the  Duke.  Even  if  the  complaint  has  been  found  unwarranted,  an 
explanation  for  the  rejection  of  the  same  is  to  be  given  to  the  com- 
plainant. ' 

The  manifest  abuse  of  making  complaints  can,  irrespective  of  a 
prosecution  for  any  slander  committed  by  the  plaintiff,  render  him 
liable  to  pay  costs,  however  in  no  case  to  the  chancery  of  the  highest 
authority. 

Art.  66.  Complaints  that  concern  the  affairs  of  a  community  must 
be  filed  first  with  the  township,  if  it  is  not  directed  against  the  lat- 
ter, and  after  being  considered  by  the  same  with  the  superior  officials 
and  finally  with  the  Sovereign.  Requests  and  petitions  of  the  sub- 
jects relating  to  the  welfare  of  a  community  must  also  first  be  sub- 
mitted to  the  town  authorities.  Well  meant  suggestions  and  observa- 
tions of  benefit  to  the  whole  country  or  parts  thereof  can  be  sent 
directly  to  the  highest  authority  who  will  always  consider  them. 
They  can  however  also  be  submitted  to  the  Provincial  Diet. 

10.  Right  of  the  Use  of  the  Printing  Press. 

[Article  67  has  been  eliminated.] 

11.  Aid   for  the   Needy. 

Art.  68.  Subjects  of  Altenburg  who  cannot  earn  their  living  any 
more  shall  be  supported  under  the  law  by  their  next  of  kin  and  their 
<3onsort.  The  obligation  for  the  proper  support  of  such  need}'  per- 
sons rests  in  the  first  place  on  those  persons  and  further  on  the  com- 
munity to  which  the  pauper  belongs.  The  pauper  laws  contain  fur- 
ther provisions. 

12.  Right  of  Emigration. 

Art.  69.  The  right  to  emigrate  to  a  foreign  country  admitting 
emigrants  is  subject  to  the  presumption  that  the  emigrant  has  per- 
formed all  his  obligations  as  subject  and  citizen,  and  depends  on  the 
treaties  made  in  that  respect  with  the  various  States. 

A  permit  from  the  State  Government  is  required  for  emigration. 

Without  prejudice  to  judicial  attachments  of  property  of  the  emi- 
grant for  debts  incurred,  the  granting  of  the  permit  shall  not  be  de- 
clined. The  right  of  citizenship  of  the  emigrant  expires,  as  well  as 
that  of  his  wife  and  children  who  are  in  the  father's  care;  likewise 
that  of  illegitimate  children  being  in  their  mother's  care  (article  43). 

1  By  law  of  March  18,  1912,  the  right  to  make  complaints  has  been  limited  by  excluding 
All  decisions  in  which  an  appeal  can  be  made   (article  7). 


314  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

f 

Art.  70.  Fees  {Ahzugsgelcl)  are  never  levied  in  case  of  emigration 
to  another  German  Federal  state,  and  for  emigration  to  a  state  out- 
side of  the  Confederation  only  within  the  bounds  of  legal  reprisal 
{Rechtserwide'nmg)  (article  96). 

Section  III. — Duties  of  subjects. 

Art.  71.  The  duties  of  subjects  who  are  likewise  residents  are  as 
follows  : 

1.  Loyalty  and  Reverence  Towakd  the  Sovereign. 

Every  subject  owes  the  Sovereign,  whose  person  is  sacred  and  in- 
violable, and  who  combines  in  his  person  the  whole  State  power 
(article  4),  loyalty,  reverence,  and  obedience. 

The  presumptive  successor  and  the  other  members  of  the  ruling 
House  are  also  entitled  to  particular  respect  on  the  part  of  the  sub- 
jects. 

2.  Obedience  Toward  Law   and  Authorities. 

Art.  72.  Thelaw^s  prevailing  in  the  Duchy  of  Altenburg,  and  in 
addition  thereto  the  resolutions  of  the  Confederation  announced  by 
the  Sovereign,  offer  a  criterion  in  accordance  with  which  each  subject 
and  resident  has  to  conduct  himself.  He  is  also  subject  to  them  out- 
side of  the  State  limits  and  shall  be  prosecuted  for  violations  of  law 
committed  in  another  state  after  the  return  to  the  fatherland,  pro- 
vided he  has  not  been  dealt  with  accordingly  in  the  country  where  he 
transgressed  the  law.  Should  the  penal  laws  of  the  other  state  pro- 
vide for  a  lighter  sentence  for  that  particular  felony  than  the  domes- 
tic laws  then  the  defendant  should  have  the  benefit  of  the  milder 
foreign  law  and  be  punished  in  accordance  herewith. 

Art.  73.  The  present  Constitution  is  to  be  considered  the  funda- 
mental law  of  the  statutes  of  Altenburg.  It  is  binding  on  every  sub- 
ject, and  every  official  oath  and  official  allegiance  has  to  embody  an 
assurance  to  obey  the  Constitution ;  a  violation  of  the  same,  especially 
as  to  one  of  the  duties  of  citizenship  defined  herein  is  considered 
a  breach  of  loyalty  and  a  crime  against  the  State. 

3.  Sharing  in  Tax  Burdens, 

Art.  74.  Approprations  are  necessary  for  the  maintenance  of  the 
State  institutions  and  their  various  purposes.  It  is  the  equal  duty 
of  all  subjects  to  raise  the  necessary  means,  and  they  have  therefore 
to  meet  the  obligations  as  laid  down  in  the  Constitution  (as  to  taxes 
and  assessments)  at  the  specified  terms,  until  the  levy  of  one  or  the 


CONSTITUTION   OF    SAXE-ALTENBUBG.  315 

other  tax  has  been  repealed  by  law.  It  is  not  only  provided  that 
in  the  future  all  real  estate  without  exception  (estates  under  feudal 
tenure  included)  should  be  proportionally  assessed,  but  at  the  same 
time  all  privileges  as  to  tax  exemptions  and  releases  shall  be  repealed 
by  a  special  law  aind  indemnity  paid  for  the  revoking  of  tax  ex- 
emptions. It  shall  be  the  aim  of  the  new  law  to  provide  for  an 
equalization  and  the  taxing  of  all  subjects. 

At  the  time  when  the  estates  held  under  feudal  tenure  shall  be  in- 
cluded in  the  tax-roll  the  domains  and  privy  estates  will  be  also  made 
subject  to  a  taxation. 

Hereafter  parts  of  the  former  domains  (not  only  such  as  domanial 
estates)  shall  be  assessed  provided  they  are  now  under  private 
ownership,  and,  on  the  other  hand,  estates  heretofore  being  in  private 
possession  and  in  the  meantime  purchased  by  the  Sovereign  shall  be 
continued  as  taxable  property.  ^ 

Art.  75.  In  order  to  establish  a  fair  valuation  of  real  estate,  a  re- 
view of  the  tax  list  will  take  place  (if  it  has  not  already  been 
ordered),  and  the  amounts  of  assessment  shall  be  revised.  Wher- 
ever an  increase  of  taxes  shall  be  deemed  proper  it  will  take  place, 
but  the  oAvner  has  no  claim  for  indemnity  against  his  predecessor  in 
the  ownership. 

Art.  76.  The  subjects  have  the  right  to  take  ])art  in  the  regulation 
of  the  tax  system  through  their  representatives  in  the  Provincial 
Diet  (articles  201-209),  and  the  subjects  must  be  informed  from 
time  to  time  about  the  affairs  of  the  State  treasury  (article  M7). 

4.  Protection  of  the  Country  by  the  Military  Service. 

Art.  77.  One  of  the  most  important  functions  of  the  German 
Federal  States  is  the  determining  of  a  quota  for  military  service  in 
proportion  to  the  population  of  the  various  states. 

The  subjects  are  held,  irrespective  of  rank  and  birth,  to  perform 
military  service  in  accordance  with  the  provisions  of  the  conscription 
law  and  to  meet  the  appropriations  to  be  made  for  that  service. 

Art.  78.  No  subject  of  Altenburg  may  leave  the  country  until  he 
has  fulfilled  his  military  duties  (article  69)  or  has  secured  special 
permission  from  the  Sovereign. 

Art.  79.  However,  no  subject  is  obliged  to  perform  military  serv- 
ices in  a  foreign  country  outside  of  the  purposes  of  the  German  Con- 
federation. 

Art.  80.  Furthermore,  subjects  are  obliged,  in  order  to  maintain 
public  safety  and  civic  order  in  accordance  with  the  regulations  pre- 
scribed by  the  head  of  the  State,  to  perform  police  and  military 

*  "  The  entire  present  domain  entail  (Fideikommissvermoegen)  is  subject  to  taxation. 
The  obligation  to  pay  State  taxes  has  been  suspended,  however,  as  long  as  a  member  of 
the  Joint  House  of  Saxe-Gotha  is  ruling  the  country."     Law  of  April  29,  1874,  article  16. 


316  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

duties,  to  act  as  civil  guards,  and  to  obey  strictly  their  superiors, 
whether  the  latter  be  chosen  by  themselves  or  otherwise  appointed, 
as  well  as  to  comply  immediately  with  the  military  summons  of  the 
authorities,  the  police,  or  the  president  of  the  commune.  Disobedi- 
ence entails,  besides  legal  punishment,  the  duty  of  bearing  the  disad- 
vantages arising  from  such  disobedience. 

Section  IY. — State  rights  of  citizens. 

1.  Rights. 

Art.  81.  The  State  rights  of  citizenship  involve  political  rights 
and  make  the  citizen  eligible  to  occupy  the  following  offices : 

{a)  Town  judge  and  associate  judge; 

(&)  A  State  or  town  office  in  accordance  with  the  statutes  govern- 
ing such  appointment; 

{c)  Elector  to  choose  a  representative  in  the  Provincial  Diet  or  to 
be  chosen  himself  a  delegate  to  that  body  in  accordance  with  the 

Constitution. 

2.  Acquisition  of  Citizenship. 

(a)   by  majority  and  the  home  right. 

Art.  82.  In  general  every  subject  secures  the  State  citizenship 
through  settlement,  admission  to  the  township,  declaration  of 
allegiance,  but  it  is  understood  that  a  resident  vested  with  the  rights 
of  such  citizenship  must  be  of  legal  age  and  enjoy  a  good  reputation 
(article  89). 

(&)    BY    SERVICES    TO    STATE,    CHURCH    AND    SCHOOL. 

Art.  83.  By  entering  the  service  of  the  State,  the  Church  or  the 
educational  administration  as  well  as  the  permanent  employment  as 
court  official,  the  resident  secures  the  citizenship.  For  this  reason 
the  public  officials  and  servants  especially  have  the  obligation  to 
perform  their  services  conscientiously  and  efficiently  as  an  example 
for  all  citizens.  Every  servant  of  the  State,  every  public,  temporal 
and  spiritual  official  is  responsible.  Therefore  they  can  be  suspended 
for  incompetency  and  neglect  of  duty,  and  as  far  as  it  concerns  the 
temporal  officials  they  can  be  degraded  to  a  minor  position.  Gross 
violation  of  the  official  oath  may  after  investigation  lead  to  dismissal. 

Art.  84.^  Charges  against  public  officials,  against  attendants  of  the 
ecclesiastical  or  school  administrations  are  to  be  presented  to  the 
highest  authority,  who  will  order  a  thorough  investigation.  If  the 
matter  seems  to  be  urgent,  the  necessary  steps  for  the  investigation 
have  to  be  taken  by  the  superior  authority. 

1  The  restriction  of  the  right  of  pardon  of  the  Sovereign  according  to  article  84  haik 
been  annulled  by  the  law  of  October  8,  1861,  article  49. 


CONSTITUTION   OF    SAXE-ALTEXBURG.  817 

Investigations  of  that  kind  are  never  to  be  dropped  before  the 
charge  has  been  thoroughly  examined,  and  officials  Avho  are  found 
guilty  and  dismissed  can  never  be  reinstated. 

Art.  85.  On  the  other  hand,  if  the  State  and  Church  employees  and 
servants  are  incapacitated  by  old  age  or  sickness  without  any  fault 
of  their  own,  they  are  entitled  to  an  adequate  pension,  sufficient  for 
their  support.  To  lighten  the  burden  of  the  State  in  that  respect  a 
pension-fund  has  been  created  for  the  civil  employees  (article  34  of 
the  second  supplement  of  the  Constitution). 

For  the  aid  of  widows  and  orphans  of  civil  employees  and  clergy- 
men, institutions  have  been  endowed  and  will  as  far  as  possible 
be  enlarged  (article  33,  second  supplement). 

3.  Loss  OF  THE  State  Citizenship  and  Right  to  State  Seevice. 

Art.  86.  The  State  citizens'  rights  (and  consequently  also  the 
position  held  in  public,  church,  or  school  service)  are  forfeited : 

(a)   By  giving  up  the  rights  of  subject  by  emigration; 

(h)  By  accepting  foreign  service  or  pay  without  consent  of  the 
Duke ; 

(c)  By  a  valid  conviction  to  State  prison  or  corporal  punishment, 
or  if  loss  of  civic  rights  is  embodied  in  a  sentence  (for  violation  of 
civic  duties) ; 

(d)  By  dishonorable  discharge  from  military  service  proclaimed 
by  court  martial. 

Art.  87.  As  far  as  the  expulsion  from  military  service  is  con- 
cerned, the  delinquent  may  be  reinstated  as  citizen  in  case  another 
investigation  shows  the  innocence  of  the  party.  Decision  in  such 
case  is  made  by  the  Duke,  but  in  that  event  the  oath  of  allegiance  has 
to  be  renewed. 

Art.  88.  The  rights  of  suffrage  and  representation  are  forfeited 
for  the  voter  as  well  as  the  person  elected  to  the  Provincial  Assembly 
in  case  of  evidence  of  bribery,  no  matter  whether  the  guilty  party  re- 
ceives punishment  (article  5,  election  rules)  or  not. 

4.  Temporary  Suspension  of  Cmc  Rights. 

Art.  89.  The  State  rights  of  citizenship  can  not  temporarily  be 
exercised : 

(a)  While  the  citizen  is  in  charge  of  a  committee  or  custodian. 

(b)  While  he  is  in  bankruptcy  or  in  financial  troubles  until  his 
creditors  have  been  paid  in  full  or  after  a  court  of  justice  finds  that 
a  great  misfortune  such  as  a  fire  or  theft  or  robbery  is  the  cause  of  the 
troubles  and  that  the  bankrupt  is  not  to  be  blamed.  In  that  event 
he  can  be  reinstated  as  citizen  and  assume  his  rights  again. 


318  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

((?)  While  being  in  service  of  another  private  person  or  attached 
to  his  household,  receiving  board  and  wages.  During  this  state  of 
dependency  the  right  of  citizenship  is  suspended. 

{d)  Furthermore  during  a  penal  investigation  until  a  not  dis- 
honorable fine  (article  86  c  and  d)  or  an  acquittal  has  been  pro- 
nounced. Even  after  an  acquittal,  mainly  procured  by  means  of  the 
own  sworn  testimony  of  the  defendant,  he  is  not  reinstated  as  citizen 
in  case  he  has  been  charged  with  a  serious  crime  until  he  is  able 
to  prove  his  innocence  and  is  fully  exonerated. 

Art.  90.  Public  officials,  attendants  of-  the  church  and  school 
service  are  suspended  from  office  as  long  as  they  are  deprived  of  their 
citizens'  rights. 

Dispositions  about  the  pa^^ment  of  salary  during  the  suspension  is 
to  be  made  by  the  State  Government. 

Section  V. — Non-resident  subjects. 

Art.  91.  Inhabitants  {Forenscr  in  the  broader  sense  of  the  word) 
are  those  who  possess  real  estate  in  the  country  but  have  no  home- 
rights.  They  do  not  enjoy  any  rights  of  State  citizenship  but  are  en- 
titled to  protection  for  their  property  and  (in  case  of  a  temporary 
stay  in  the  country)  the  personal  protection  of  the  State.  They 
must,  however,  in  view  of  that  take  the  oath  of  allegiance  without 
securing  thereby  the  State  right  of  citizenship  or  the  right  of  home. 

Art.  92.  They  have  to  pay  taxes  in  proportion  to  the  value  of  their 
property  to  the  State  and  the  township  and  they  have  further  to  pro- 
cure in  the  township  where  their  property  is  located  a  bondsman  for 
the  payment  of  all  assessments  and  charges  for  said  estate. 

Art.  93.  These  inhabitants, have  to  answer  complaints  in  regard 
to  property  rights  before  the  judges  of  the  country,  but  in  personal 
cases  the  disposition  depends  upon  whether  the  treaty  with  the  state 
where  this  inhabitant  has  a  permanent  domicile  requires  his  presence 
in  the  place  of  trial. 

Section  VI. — Foreigners. 

Art.  94.  Temporary  subjects  (aliens)  are  such  who  stop  tempo- 
rarily in  the  country  without  being  admitted  to  citizenship.  During 
their  stay  they  enjoy  the  protection  of  the  laws  and  have  the  same 
private  rights  as  the  subjects.  They  are,  therefore,  subject  to  the  laws 
during  their  stay  (with  the  exception  of  foreign  sovereigns  and  their 
families  and  the  foreign  ambassadors  to  the  Ducal  Court).  They  are 
bound  to  meet  any  obligation  which  may  be  prescribed  by  law  or 
the  rules  of  the  township. 


CONSTITUTION    OF    SAXE-ALTENBUKG.  319 

For  their  conduct  in  the  country  they  may  be  hold  liable,  and 
in  case  any  charge  is  made  against  them  they  can  be  tried  accord- 
ing to  tlie  domestic  laws  and  regulations.  Their  conviction  will 
be  as  a  rule  followed  by  expulsion ;  an  extradition  to  the  authorities 
of  their  o^^n  country  for  the  purpose  of  prosecution  for  a  felony 
committed  here  shall  only  take  place  if  a  State  treaty  calls  for  it. 

Art.  95.  Foreigners  will  be  arrested  for  crimes  committed  in  other 
countries  but  only  held  for  investigation  if  they  are  charged  with 
a  crime  in  this  country  as  well.  Otherwise  their  extradition  to  the 
place  where  the  felony  has  been  committed  or  to  the  State  to  which 
they  belong  will  be  ordered. 

-Art.  96.  If  in  another  state  a  foreigner  in  general,  or  a  subject 
of  Altenburg  in  particular,  should  be  deprived  of  the  legal  private 
rights  of  its  residents,  residents  of  that  state  during  a  stay  in  Alten- 
burg may  be  dealt  with  accordingly,  but  only  with  the  consent  of 
the  Sovereign. 

Art.  97.  Foreigners  are  at  liberty  to  come  to  the  Duchy  of  Alten- 
burg to  study  science  or  art  or  to  learn  a  trade  or  profession,  and 
they  enjoy  during  their  stay  the  protection  of  the  State,  but  do  not 
secure  thereby  the  rights  of  a  subject  any  more  than  persons  being 
in  board  and  service  of  a  citizen  do. 

It  is  of  course  understood  that  they  shall  respect  the  laws  of  the 
country  during  their  stay. 

Art.  98.  Those  foreigners  who  stay  in  the  country  for  some  time 
to  transact  business  or  for  some  other  reasons  have  to  apply  for  a 
permit  to  the  town  authorities,  who  will  issue  to  the  stranger  of 
independent  means  a  card.  Petty  authorities  are  not  allowed  to 
issue  these  cards  for  a  longer  period  than  six  months,  but  the  Gov- 
ernment may  grant  the  foreig^er  an  extension. 

The  stay  as  such  without  an  admission  to  the  township  does  not 
entitle  to  any  home-rights  (article  41). 

third    part. CORPORATIONS    IN    THE    STATE. 

A.  In  Generat>. 

Art.  99.  The  cooperation  of  several  of  the  subjects  for  a  common 
purpose  can  only  acquire  the  character  of  a  corporation  when  the 
said  association  receives  the  sanction  and  recognition  of  the  State 
Government.  The  authorities  have  to  determine  what  functions  and 
powers  shall  be  granted  to  such  a  corporation  if  no  provision  cover- 
ing the  particular  case  is  made  in  the  Constitution. 


320  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

B.  Communes. 
Section  I. — Organization  of  same  hy  citizens  and  neighhors. 

Art.  100.  The  most  important  corporations  in  the  State  are  the 
communes  inasmuch  as  they  promote  through  joint  action  and  co- 
operation the  welfare  in  general,  as  well  as  in  a  special  way,  within 
the  social  bounds  of  the  town.  They  form  hereby  the  foundation 
of  the  whole  State  organization. 

With  the  exception  of  the  State  officials,  the  employees  of  church 
and  school  (whose  relations  to  the  estate  holders  under  feudal  tenure 
are  to  be  especially  provided  for) ,  nobody  within  the  Duchy  of  Alten- 
burg  can  exercise  the  State  rights  of  citizenship  or  acquire  the  rights 
of  a  subject  who  does  not  belong  to  a  domestic  township  as  a  citizen 
or  neighbor.  Thus  physicians,  lawyers,  and  notaries  and  other  per- 
sons not  directly  serving  under  the  State  Government  are  to  be  con- 
sidered as  members  of  the  commune. 

Art.  101.  The  members  of  a  city  or  commune  consist  of  three 
classes : 

{a)  The  class  of  regular  citizens  (full  rights  of  citizenship  and 
rights  of  neighbors,  living  in  the  vicinity  of  a  town)  (article  102- 
105); 

(&)  The  class  of  non-resident  subjects  {Forenser  in  the  narrower 
sense  of  the  word)  and  citizens  pursuing  a  trade  (articles  106,  107), 
and 

{c)  The  class  of  persons  under  special  protection  of  the  Govern- 
ment (article  108). 

1.  Full  Rights  of  Neighbors. 

Art.  102.  The  civic  rights  of  townsmen  (full  rights  of  neighbors) 
include  the  power  to  take  part  in  all  activities  of  the  commune,  and 
the  holder  is  also  entitled  to  all  private  as  well  as  political  and  hon- 
orable rights  as  follows : 

{a)  Protection  of  commune  and  its  court,  if  there  is  any  within 
the  limits  of  it ; 

{h)  Right  to  pursue  a  free  or  corporated  trade; 

{c)  Right  to  purchase  real  estate  in  the  town  or  its  vicinity  with- 
out any  restraint; 

{d)  Taking  part  and  having  a  share  in  the  estate  of  the  commune^ 
its  statutes,  privileges,  and  endowments ; 

{e)  Taking  part  in  the  direct  or  indirect  representation  of  the- 
commune : 

(/)  Eligibility  for  town  offices,  and 

{g)  Claim  for  lawful  aid  on  the  part  of  the  commune  in  case  of 
need. 


CONSTITUTION    OF    SAXE-ALTENBURG.  321 

Art.  103.  On  the  other  hand  the  commimal  and  neighbor  rights 
are  subject  to  certain  duties  and  obligations,  as  loyalty  and  obedience 
toward  the  communal  authorities  and  the  taking  part  in  guard  and 
other  services.  At  the  same  time  the  citizens  are  held  to  pay  all 
taxes  levied  by  the  Sovereign  as  well  as  all  fees  which  are  collected 
by  the  commune. 

Disputes  as  to  assessments  and  fees  and  about  the  apportionment 
of  the  tax  levying  among  the  members  of  the  commune  will  be  taken 
up  by  the  administrating  officers  and  not  by  the  court,  as  they  are 
matters  coming  under  their  jurisdiction,  and  the  proceeding  can  be 
taken  as  a  last  resort  before  the  Sovereign. 

Art.  104.  The  communal  rights  can  only  be  acquired  by  birth  or  by 
admission,  in  accordance  with  the  laws  governing  this  matter.  The 
rights  are  forfeited,  as  provided  by  law  for  certain  reasons  which 
are  about  the  same  as  those  provided  for  the  loss  of  the  civic  rights 
for  the  State  (article  86).  These  reasons  are:  Emigration,  entering 
foreign  service  and  receiving  pay  without  official  consent,  being 
sentenced  to  prison  or  corporal  punishment,  the  expulsion  from  mili- 
tary service  by  a  decision  of  the  court  martial,  depriving  a  person  of 
the  civic  rights.  In  this  case  the  rights  of  the  resident  are  only  to 
be  limited  and  the  individual  may  be  later  reinstated  in  all  his 
rights. 

Art.  105.  Exercising  an  undue  influence  in  communal  elections 
especially  through  bribery  will  lead  to  the  punishment  of  voter  and 
candidate  and  also  to  the  loss  of  the  honor,  rights,  and  citizenship, 
especially  in  regard  to  the  active  and  passive  right  of  suffrage  and 
the  eligibility  for  a  position  in  the  town  service. 

2.  NoN-KESiDEN'rs   {Forenser  in  the  special  sense). 

Art.  106.  Xon-residents  {Forenser  in  the  special  sense  of  the  w^ord ) 
are  those  who  possess  real  estate  in  the  vicinity  of  a  town  but  ex- 
ercise their  home  right  in  another  part  of  the  Duchy.  They  have 
not  the  personal  rights  of  the  citizens  of  the  town,  are  entitled  how- 
ever to  the  protection  of  their  property  as  w^ell  as  to  their  person 
during  a  temporary  stay  on  their  estate.  They  have  about  the  same 
relations  toward  the  State  as  the  property  owners  {Forenser  in  the 
broader  sense  of  the  word)   (article  91). 

In  view  of  the  protection  which  he  enjoys,  the  non-resident  has  to 
bear  his  share  of  taxation;  he  can,  however,  not  be  assessed  any 
higher  for  his  real  estate  than  the  other  members  of  the  commune. 

Art.  107.  The  citizens  pursuing  a  trade  enjoy  somewhat  limited 
rights  in  the  community  in  some  parts  of  the  country,  but  they  have 
the  right  to  membership  in  guilds  being  incorporated  in  other  com- 
munes. In  regard  to  the  latter  they  enjoy  no  civic  rights,  and  their 
92975—19 21 


322  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

relations  to  this  township  are  governed  by  the  rules  of  the  guild. 
They  have,  however,  to  pay  the  usual  fees  to  the  commune  in  which 
the  guild  is  incorporated. 

3.  Inhabitants  by  Special  Grant. 

Art.  108.  {Schutzvenoandte)  Inhabitants  under  the  protection  of 
the  Government  are  those  who  without  acquiring  the  right  of  neigh- 
bors settle  in  a  certain  community  and  secure^  the  right  to  pursue 
certain  trades  or  other  functions  by  paying  a  fee  {Schutzgeld). 
They  enjoy  during  their  stay  for  their  person  as  well  as  in  regard  to 
business,  defined  and  limited  by  law,  the  full  protection  of  the  com- 
munal authorities,  and  have  the  use  of  communal  institutions,  with- 
out, however,  assuming  any  rights  as  citizens  or  neighbors. 

Foreigners  can,  how^ever,  only  be  admitted  as  such  inhabitants 
{Schutzhuerger)  if  they  can  prove  that  they  will  be  reinstated  as 
citizens  of  their  native  town  after  their  return  and  if  they  belong 
to  a  Christian  denomination. 

Art.  109.  In  general  the  rules  for  citizens  and  neighbors  are  con- 
sequently defined  as  follows: 

{a)  Through  the  granting  of  the  town  and  neighbor  rights  the 
rights  of  State  citizenship  are  also  granted  (article  100). 

(b)  Every  commune  is  held  to  admit  to  citizenship  every  em- 
ployee of  the  State,  church  or  school  service  (article  82). 

(<?)  The  protective  citizenship  {S chut zhuerge^^r edit)  can  be  only 
granted  to  Christian  foreigners  who  can  show  that  they  will  eventu- 
ally be  reinstated  as  citizens  of  their  native  town. 

{d)  Foreigners  who  want  to  remain  temporarily  in  a  town  for  a 
certain  purpose  can  secure  in  accordance  with  the  provision  of  law  a 
card  entitling  them  to  remain  in  the  country  for  a  specified  period 
of  time. 

Section  II. — Rights  of  communes, 

1.  Separate  Prerogatives. 

Art.  110.  The  rights  of  communes  comprise  the  rights  of  the  indi- 
vidual, and  these  are  considered  as  a  unit  in  the  legal  sense  of  the 
word.  They  are  namely:  (1)  the  right  of  being  represented  by  per- 
sons from  their  midst;  (2)  the  enjoyment  of  legal  benefits  of  minor 
in  regard  to  their  property  and  privileges;  (3)  the  right  to  use  a 
joint  seal;  (4)  the  right  to  acquire  real  estate  and  franchises;  (5) 
the  management  of  town  property  by  officials  chosen  from  among 
themselves;  (6)  the  establishment  of  special  institutions  for  town 
or  other  common  purposes,  and  also  especially  (7)  the  admission  of 
citizens  and  neighbors  into  the  commune.  All  this  is  to  be  carried  out 
under  the  legal  provisions  and  forms. 


CONSTITUTION   OF   SAXE-ALTENBURG.  323 

2.  Resolutions  of  Communes. 

Art.  111.  To  make  a  decree  of  the  township  valid,  it  is  required  to 
call  a  gathering,  and  to  carry  the  resolution  a  majority  of  those  pres- 
ent is  necessary,  provided  that  two-thirds  of  those  present  cast  their 
^'ote.    Only  those  duly  authorized  can  take  part  in  the  vote. 

The  decree  is  binding  upon  all  members  of  the  commune,  but  the 
resolution  shall  not  interfere  with  the  private  rights  of  individuals 
or  corporations. 

3.  Debts  of  Communes. 

Art.  112.  The  commune,  above  all,  is  liable  for  debts  of  the  com- 
munity, and  if  necessary  the  members  can  be  held  responsible  with 
their  property;  especially  when  the  obligation  could  have  been  met 
by  a  levy  of  assessment.  Members  joining  after  the  debt  has  been 
incurred  are  also  liable. 

4.  Estate  of  Communes. 

Art.  113.  No  State  authority  has  the  right  to  dispose  of  the  funds 
of  a  commune  without  the  consent  of  its  trustees,  and  town  property 
shall  never  be  merged  with  State  funds. 

Section  lll.-r-Duties  of  cominunes. 

Art.  114.  The  communes  have  no  right  to  undertake  anything 
whereby  the  general  rights  of  the  State  are  interfered  with  or  re- 
stricted. They  shall  on  the  contrary  endeavour  to  further  every- 
thing that  answers  State  purposes  and  is  beneficent  for  the  State. 

To  their  duties  belong  the  following:  The  furtherance  of  public 
safety  in  all  its  relations,  especially  within  their  bailiwick;  the  main- 
tenance of  public  institutions  and  works  (as  bridges,  pavements, 
wells,  aid  of  the  sick  and  poor,  etc.,  and  not  belonging  to  other 
officials)  ;  the  maintenance  of  fire  apparatus  and  arms  necessary  for 
guarding  of  property. 

Section  IV. — Classes,  '  Village  and  municipal  corporations. 
1.  Village  Cokporations. 

Art.  115.  In  regard  to  the  various  village  corporations,  the  exist- 
ing rules  and  institutions  will  remain  in  force  until  a  gen ei-al  order 
of  village  organization  shall  be  enacted.^ 

'  This  village  rule  was  enacted  on  September  16,  1851. 


324  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

2.  Municipal  Corporations. 

In  respect  to  municipal  corporations  the  following,  to  be  consid- 
ered as  foundation  for  further  municipal  legislation,  "is  prescribed 
herewith : 

Arts.  116-124.^ 

Section  V. — Supervision  and  administration  of  the  municipal  and 
village  corporations  hy  the  State  Government. 

Art.  125.2  jj^  yj^^^  ^f  ^j^^  f^^^  j^\^^^  ^^^jj^  corporation  can  only  exist 
with  the  sanction  of  the  State,  it  is  essential  that  they  should  be 
subject  to  supervision  on  the  part  of  the  State  also. 

This  will  be  exercised  as  follows:  (1)  by  the  organization  of  the 
local  police;  (2)  by  sanctioning  the  order  of  justice  in  the  corpo- 
ration; (3)  by  examining  and  supervising  the  accounts  and  treas- 
uries; (4)  by  giving  the  consent  in  case  of  a  sale  or  attachment  of 
property  and  franchises,  the  levy  of  special  or  regular  assessmen1:s, 
important  expenditure  for  building  and  other  purposes,  loans  con- 
tracted for  communal  purposes,  introduction  of  new  statutes,  and 
new  organic  institutions;  (5)  by  confirmation  or  declining  of  the 
election  of  officers  and  the  fixing  of  salaries  of  officials. 

Art.  126.  The  special  supervision  over  the  village  corporations 
will  be  conducted  by  the  ducal  departments  and  the  patrimonial 
courts  under  the  guidance  of  the  Government. 

The  Government  has  charge  of  the  supervision  of  city  corporations 
and  their  special  affairs  (articles' 116-124),  and  this  power  can  be 
delegated  to  a  single  official  or  body  of  officials.  The  Government 
has  the  right  from  time  to  time  to  conduct  examinations  and  in- 
vestigations, especially  when  irregularities  have  been  noticed,  and 
these  revisions  are  either  ordered  by  the  State  authorities  at  their 
own  discretion  or  following  a  request  of  the  city  or  village  deputies. 
In  case  any  misconduct  on  the  part  of  city  or  village  officials  shall 
be  discovered,  a  disciplinary  proceeding  will  follow  and  the  discharge 
of  the  unfaithful  officer  pronounced,  in  case  he  should  be  found 
guilty.  The  reasons  for  the  dismissal  must  be  embodied  in  the  deci- 
sion, and  appeal  can  be  taken  to  the  higher  authority  and  as  a  last 
resort  to  the  Sovereign. 

The  removal  from  office  will  be  followed  forthwith  by  a  new  elec- 
tion. 

The  reelection  of  the  dismissed  official  is  null  and  void. 

*  Articles  116-124  have  been  repealed  by  the  municipal  regulation  of  June  10,  1897; 
also  article  127,  article  125,  and  the  law  of  March  16,  1868,  as  far  as  they  concern 
cities. 

^  The  supervising  functions  of  the  Government  as  laid  down  in  article  125  were  amended 
in  many  respects  by  the  law  of  March  16,  1868.     Compare  note  to  article  116. 


CONSTITUTION  OF  saxe-altenbukg:  325 

In  respect  to  the  judicial  authorities  in  the  cities,  the  higher  court 
has  jurisdiction  as  to  investigation  of  misconduct. 
Art.  127.1 

fourth  part. chtjrches  and  schools. religious  endowments. 

Section    I. — The   State    Church   and   other   denominations   of   the 

Christian  faith. 

Art.  128.  The  Evangelical-Protestant  Church  is  the  church  of 
the  land. 

Art.  129.  The'  members  of  other  Christian  sects  enjoy  the  pro- 
tection of  the  State  and  are  at  liberty  to  worship  according  to  their 
faith  under  reservation  of  the  rights  of  the  Sovereign.  They  have 
claim  to  the  same  civic  rights  as  the  members  of  the  Evangelical- 
Protestant  Church;  no  faith,  however,  releases  any  worshiper  from 
the  duties  toward  the  State  or  the  community  where  he  resides. 

Section  II. — The  Duke  as  regent  of  Churcji  and  State. 

Art.  130.  The  Evangelical-Protestant  ruler  is  the  head  of  the 
Church  of  the  land  and  he  has  at  the  same  time,  as  head  of  the 
State,  the  right  of  supervision  and  the  obligation  to  protect  the 
Church.  In  case  the  ruler  changes  his  faith,  the  supreme  ecclesi- 
astical rights  will  be  transferred  to  an  Evangelical-Protestant  min- 
istry, consisting  of  two  members. 

Art.  131.  All  ecclesiastical  laws  are  enacted  in  his  behalf  and 
require  his  confirmation. 

Section  III. — Concerning  the  power  of  the  Church. 

1.  Its  Foundation. 

Art.  132.  The  power  of  the  Church  is  based  on  the  teachings  of 
the  Holy  Scripture,  the  principles  of  the  Evangelical-Protestant 
Church  and  the  existing  laws  of  the  land. 

2.  Exercise  of  its  Powers. 

Art.  133.  The  power  of  the  Church  will  partly  be  exercised  with 
the  cooperation  of  representatives  of  the  Church  and  partly  under 
the  supervision  and  authority  of  the  Sovereign  by  the  Consistory ;  by 
the  latter  especially  in  regard  to  executive  functions  and  the  admin- 
istration of  the  Church. 

{a)  Under  cooperation  of  representatives  of  the  Chiirch. 

Art.  134.  The  various  functions  of  the  Church,  requiring  the  co- 
operation of  the  representatives  of  the  Church  are  as  follows : 

1  Compare  note  to  article  116. 


326  coNsnruTioNs  of  the  German  states. 

The  order  of  public  divine  services; — provisions  in  regard  to  public 
teaching  and  the  general  Church  constitution : — the  former  as  far  as 
they  are  deemed  in  accordance  with  the  principles  of  the  Evangelical- 
Protestant  Church. 

SYNODS. 

Art.  135.  Ordinances  of  that  kind  (article  134)  shall  be  prepared 
by  oral  or  written  statements  in  the  Synod  deliberations. 

The  General  Synod  consists  of  the  counselors  of  the  Consistory, 
the  superintendent,  the  local  associates,  as  well  as  some  clergymen 
(chosen  by  the  superintendent  and  his  associates  o*f  the  various  pa- 
rochial districts)  of  the  Duchy.  The  president  of  the  Consistory  acts 
as  chairman  of  the  synod.  Special  synods  consist  of  the  super- 
intendent of  each  district — the  associates  and  several  ministers  of  the 
parishes  included — they  serve  to  gather  written  opinions  from  the 
various  parishes  in  order  to  present  them  to  the  Consistory. 

Art.  136.  Synods  meet  with  the  knowledge  and  the  consent  of  the 
Sovereign  at  the  request  of  the  Consistory.  The  cost  of  Synods  will 
be  defrayed  by  the  State  treasury,  but  strict  economy  must  be  adhered 
to. 

Art.  137.  In  case  a  subject  of  the  character  described  in  article  134 
be  prepared  for  legislation,  an  opinion  has  to  be  secured  from  the 
Synod  in  advance.  In  the  General  Synod  a  majority  of  the  votes 
of  the  members  present  carries  a  resolution,  and  in  the  Special 
Synods  opinions  are  approved  hj  a  majority  of  the  members  voting. 

Such  an  opinion  or  resolution  will  be  presented  by  the  Consistory 
to  the  Sovereign  and  with  his  consent  submitted  to  the  Provincial 
Assembly.  If  the  Synod  and  the  Assembly  approve  the  measure,  it 
becomes  a  law,  and  will  be  binding  upon  all  members  of  the  Church. 

(&)  By  the  Consistory. 

(1)    IN  GENERAL. 

Art.  138.  The  functions  of  the  Church  power,  exercised  by  the 
Consistory  either  directly  or  subject  to  the  decision  and  approval  of 
the  Sovereign,  are  as  follows : 

(1)  The  right  to  appoint  teachers  and  servants  of  the  Church 
and  the  schools,  to  supervise  them  as  to  their  teaching  and  their 
conduct  and  to  dismiss  them ; 

(2)  The  right  to  admonish  the  members  of  the  Church  to  perform 
their  duties  tqward  Church  and  school ; 

(3)  To  carry  out  the  existing  provisions  as  to  divine  services  and 
the  school  instruction;  to  manage  all  matters  of  engagement,  mar- 
riage, and  burial ; 


CONSTITTTTION   OF    SAXE-ALTENBUKG.  327 

(4)  Jurisdiction  over  the  employees  of  churches  and  schools, 
management  of  church  and  school  property  and  privileges  belonging 
thereto ; 

(5)  The  right  to  enact  orders  in  accordance  with  the  existing  or- 
ganic laws; 

(6)  And  in  regard  to  the  present  fundamental  laws  governing 
the  church  organization. 

(2)     ORGANIZATION   AND  OBLIGATION   OF  THE  CONSISTORY. 

Art.  139.  The  Consistory  consists  of  clergymen  and  laymen  as 
counselors,  and  it  is  responsible  to  the  Church  and  the  Sovereign  for 
its  action. 

(.'})    SEVERAL  FUNCTIONS. 

(a)  PrcHcrration  of  the  true  te(ichin(j  of  the  Goxpcl. 

Art.  140.  The  Consistory  must  see  to  it  that  the  true  teachings  of 
the  Gospel  are  pronounced  and  that  thereby  faith,  allegiance  and 
a  pious  conduct  of  life,  especially  also  obedience  toward  the  authori- 
ties and  the  civic  laws  shall  be  promoted  and  inspired:  that  the 
sacraments  are  respected  as  holy  and  preserved  and  that  the  rules 
of  the  Church  shall  for  edification  be  adhered  to  and  that  public 
vices  shall  be  wiped  out. 

{h)   Superrisio)i  of  schoitU. 

Art.  141.  It  supervises  the  schools  of  the  land  and  takes  care  that 
no  child  shall  remain  without  proper  instruction  as  to  the  word  of 
God  and  without  useful  knowledge,  that  no  incompetent  young  man 
of  the  country  shall  go  to  a  university,  and  it  shall  keep  itself  in- 
formed as  to  the  advancement  of  those  of  the  natives  studying  at 
universities. 

(c)  Functions'  in  regard  to  appointment  and  di.snii.s.ml  of  ministers  and  school 

teachers. 

Art.  142.  It  examines  the  students  of  divinity  and  curates  apply- 
ing for  a  position  as  clergyman  and  has  to  see  to  it  that  nobody 
publicly  or  in  church  teaches  or  preaches  or  administers  communion 
without  being  properly  prepared  for  such  a  position  of  trust. 

Art.  143.  The  Consistory  presents  to  the  Sovereign  names  of 
applicants  for  vacancies  in  the  clergy  in  cities  and  in  the  country, 
except  for  ecclesiastical  patronages,  and  these  will  be  appointed  after 
the  confirmation  by  the  Duke.  If  an  applicant  has;  been  found 
by  the  Consistory  as  not  efficient  or  unworthy,  he  can  neither  be  pro- 
posed nor  appointed. 


328  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

The  members  of  a  Church  are  at  liberty  as  heretofore  to  make  a 
statement  as  to  the  minister  about  to  be  appointed  to  serve  in  their 
Church. 

Art.  144.  In  case  a  vacancy  occurs  in  an  ecclesiastical  patronage 
in  another  way  than  by  the  assignment  of  the  clergyman  to  a  posi- 
tion under  the  jurisdiction  of  the  Consistory  the  new  clergyman 
must  be  presented  by  the  patron  to  the  Consistory,  which  will  coif- 
duct  an  examination  as  to  the  fitness  of  the  man  and  his  moral 
standing,  in  case  he  comes  from  outside  the  State.  The  Consistory 
is  bound  to  reject  every  applicant  not  considered  proper  to  occupy 
the  pulpit  of  the  patronage. 

Nobody  can  be  proposed  for  a  patronage  who  has  studied  in  a 
country  or  was  born  in  a  country  which  does  not  admit  natives  or 
subjects  of  this  country  to  a  patronage. 

In  case  a  clergyman  has  been  assigned  from  a  patronage  to  a 
position  of  minister  who  is  under  the  jurisdiction  of  the  Consistory, 
the  regular  mode  of  procedure  will  prevail. 

Art.  145.  The  transfer  of  clergymen  to  other  positions  and  the 
pensioning  of  same  is  also  to  be  performed  by  the  Consistory. 

Art.  146.  It  has  also  charge  of  investigations  against  clergymen  in 
regard  to  their  conduct  in  office  and  private  life.  Dismissal  of 
ministers  can  only  be  pronounced  by  the  Consistory  after  a  judicial 
finding  embodying  the  reasons  for  such  decision.  The  minister  is 
entitled  to  a  proper  defence  in  the  preceding  trial  of  the  case. 

Art.  147.  Appeal  against  such  dismissal  can  be  made  within  three 
weeks  to  the  Sovereign,  who  will  take  the  matter  up  in  privy  council 
and  who  may  in  certain  cases  ask  for  an  opinion  from  another 
department.  If  he  confirms  the  finding  of  the  Consistory,  the  dis- 
charge of  the  clergyman  takes  effect. 

Art.  148.  If  the  Sovereign  is  in  doubt  as  to  the  guilt  of  the 
clergyman,  the  opinion  of  the  Synod — without  the  cooperation  of  the 
Consistory  and  under  the  chairmanship  of  the  oldest  special  super- 
intendent's to  be  sought  and  will  be  rendered  by  means  of  oral  or 
written  decision.  If  this  body  approves  the  dismissal  it  will  prevail, 
while  otherwise  the  case  will  be  referred  back  to  the  Sovereign  for 
final  decision. 

Art.  149.  Clergymen  charged  with  a  common  crime  w^ill  be  sus- 
pended and  be  tried  in  regular  court  proceedings. 

When  they  have  been  convicted  and  sentenced  tt)  a  dishonorable 
punishment  (State  prison  or  corporal  punishment)  they  lose  their 
position  and  right  of  pension.  In  case  such  clergymen  shall  be  ac- 
quitted on  the  strength  of  their  own  sworn  testimony  or  if  they  are 
only  sentenced  to  a  term  in  the  penitentiary,  and  in  case  the  reason 
for  their  guilt  is  not  considered  dishonorable,  the  papers  will  be  re- 
ferred to  the  Consistory,  which  has  to  decide  whether  the  reputation 


CONSTITUTION   OF   SAXE-ALTENBURG.  329 

of  the  clergyman  has  been  impaired  by  the  proceedings  to  such  an 
extent  that  his  usefulness  as  a  preacher  of  the  Gospel  has  come  to 
an  end.  The  "Consistory  has  to  decide  in  a  regular  proceeding 
whether  the  preacher  should  be  reinstated  or  dropped  with  or  with- 
out pension  (articles  146,  148). 

Art.  150.  This  concerns  also  the  school  teachers  and  the  other 
employees  of  the  Church  who  will  be  treated  in  the  same  manner 
as  preachers,  no  matter  whether  they  have  been  appointed  with  the 
consent  of  the  Sovereign  or  not. 

Art.  151.  They  have  however  the  same  right  of  appeal  to  the 
Sovereign  in  case  of  their  dismissal. 

(d)    General  inspection. 

Art.  152.  The  Consistory  must  provide  for  a  regular  inspection 
of  the  churches  and  schools  in  the  whole  country,  and  these  will  be 
visited  in  rotation  in  certain  intervals.  The  finding  and  the  result  of 
these  inspections,  will  be  reduced  to  writing  and  the  attention  of  the 
clergymen  and  teachers  will  be  called  by  the  Consistory  to  any  short- 
comings and  faults  that  have  been  discovered.  The  findings  will 
also  be  submitted  to  the  Sovereign. 

(e)     Pres€7'ving    of   morality. 

Art.  153.  It  exercises  supervision  and  has  to  see  that  the  subjects 
lead  a  religious  life  and  that  the  benefits  of  religion  are  spread  and 
properly  utilized.  It  should  under  the  laws  prohibit  the  printing 
and  the  sale  of  all  literature  injurious  to  religion  and  good  morals. 

(/)   Conference  irith   the   Synods. 

Art.  154.  The  written  or  oral  deliberations  with  the  members  of  the 
Synods  will  also  be  resorted  to  in  cases  not  covered  by  article  134. 

SECTI0^'  IV. — 'Fimds  of  churches,  schools  and  endowments. 

Art.  15^.  The  endowment  funds  of  churches  and  schools  can  not 
be  diminished  in  value  or  income  or  seized  as  long  as  these  institu- 
tions exist.  They  enjoy  the  same  rights  as  a  minor.  The  property 
of  abandoned  churches  or  schools  can  only  be  used  for  the  same 
purposes  as  heretofore. 

Art.  156.  In  case  a  church  or  school  has  not  an  income  sufficient 
to  cover  the  necessarj^  expenses,  the  members  of  the  parish  or  the 
school  district  will  be  called  upon  to  cover  the  deficiency.  If  it  is 
shown  that  the  members  of  such  parish  or  district  have  no  means, 
the  State   (if  possible  through  an  appropriation  of  the  Provincial 


330  CONSTirUTIOKS   OF    THE   GERMAN    STATES. 

Assembly)  will  coine  to  the  aid  of  said  church  or  school,  but  only 
in  very  urgent  cases. 

Art.  157.  The  necessary  assessments  and  contributions  for  the 
purposes  of  churches  and  schools,  for  church  and  school  buildings, 
etc.,  will  be  levied  among  the  members  of  the  parish  or  school  dis- 
trict with  the  consent  of  the  Consistory.  Disputes  about  this  taxa- 
tion will  be  decided  according  to  the  principles  laid  down  in  ar- 
ticle 103.  The  Consistory  has  supervision  over  the  matter  of  building 
in  the  parochial  districts  and  over  the  accounts  of  same. 

Art.  158.  Real  estate  or  privileges  of  churches  and  schools  can 
only  be  sold  with  the  consent  of  the  Consistory  and  the  Sovereign 
but  can  never  be  leased. 

Art.  159.  The  charitable  endow^ments  are,  unless  provided  other- 
wise, under  the  supervision  of  the  Consistory  and  enjoy  the  special 
protection  of  the  State. 

Art.  160.1 

Art.  161.  The  interest  accruing  from  religious  endowments  can 
not  be  used  for  any  other  purpose.  Only  when  the  change  of  condi- 
tions makes  it  advisable  that  the  fund  be  used  for  other  purposes 
than  those  specified  by  the  donator,  disposition  can  be  made  ac- 
cordingly, but  only  with  the  consent  of  the  appointed  trustees, 
patrons,  and  the  township  affected  by  it. . 

fifth  part. provincial  diet. 

Arts.  162-198.^ 

Section  V. — Functions  and  duties  of  the  Provincial  Diet. 
1.  General  Obligations. 

Art.  199.  The  Provincial  Diet  is  bound  to  represent  the  interests 
of  all  classes  and  ranks  of  subjects  and  not  the  interests  of  the  class 
or  district  to  which  the  separate  members  belong  in  their  other 
relations. 

Art.  200.  They  pledge  their  loyalty  and  obedience  toward  the 
Sovereign  and  the  law ;  they  also  promise  conscientious  consideration 
of  the  subjects  brought  up  before  them  and  pledge  to  cast  their  vote 
according  to  their  own  conviction  and  according  to  the  requirements 
of  the  law,  and  for  the  benefit  of  Sovereign  and  country. 

2.  GOOPERATION   IN  REGARD  TO  LEGISLATION  AND  ADMINISTRATION. 

(a)    IN   REFERENCE  TO  LAWS,   CONCERNING  THE  FREEDOM   OF  THE   PERSON    AND 
PROPERTY,    ESPECIALLY    TAXATION. 

Art.  201.  In  regard  to  new  common  laws  concerning  the  freedom 
of  the  persons  or  the  property  of  all  subjects,  as  well  as  matters 

*  Annulled  by  law  of  May  4,  1899,  annex  to  civil  code,  article  13. 

2  Articles  162-198  (sections  I-IV)  revoked.  Compare  laws  of  April  10,  1848,  August  3, 
1850,  March  12,  1855,  May  1,  1857,  December  27,  1805,  and  May  31,  1870. 


CONSTITUTION    OF    SAXE-ALTENBUKG.  331 

relating  to  the  Constitution  and  military  conscription,  their  co- 
operation is  necessary.  They  take  part  to  such  an  extent  that  without 
their  consultation  and  their  consent  no  new  laws  relating  to  such  mat- 
ters can  be  enacted,  no  existing  law  can  be  altered  interfering  with 
the  rights  of  subjects,  and  no  law  can  be  revoked. 

Art.  202.  Especially  do  they  take  part  in  tax  matters  and  in  the 
task  to  regulate  the  system  to  provide  sufficient  means  for  State  pur- 
poses. 

Art.  203.  They  consider  jointly  with  the  State  Government  the 
needs  of  the  various  branches  of  the  State  administration.  It  is  re- 
quired that  the  budget  covering  the  expenditures  of  the  various  de- 
partments for  a  term  of  three  years  ^  (the  legally  fixed  fiscal  period) 
shall  be  agreed  upon  by  the  Government  and  the  Diet.  In  this  way 
no  chapter  of  the  appropriations  can  be  increased  for  any  length  of 
time  without  the  consent  of  the  Diet,  and  no  chapter  of  the  appro- 
priations can  be  reduced  for  any  length  of  time  without  the  consent 
of  the  Government,  unless  the  purpose  of  the  appropriation  has 
become  invalid. 

Art.  204.  The  Provincial  Diet  is  bound  to  make  adequate  appro- 
priations and  provide  for  the  raising  of  the  necessary  means,  but 
no  new  tax  can  be  levied  or  assessment  be  decreed  without  the  con- 
sent of  the  Diet. 

The  Provincial  Diet  can  not  attach  any  condition  in  connection 
with  an  appropriation  to  cover  a  certain  item  of  the  budget  and  can 
not  embody  any  conditional  clause  in  a  measure  for  the  raising  of 
nervv  taxes.  All  such  clauses  attached  to  appropriation  bills  would 
be  null  and  void,  except  as  to  purpose  and  length  of  time  {modus  et 
dies)  which  may  have  been  considered  in  the  deliberations  preceding 
the  passage  of  the  bill. 

Art.  205.  All  appropriations  are  solely  made  at  the  request  of  the 
Sovereign  and  immediate  appropriations  made  for  individuals  or  de- 
partments w^ithout  such  motions  on  the  part  of  the  Sovereign  are 
illegal. 

It  is,  however,  the  privilege  of  the  Provincial  Diet  to  request  the 
making  of  such  motions  on  the  part  of  the  Sovereign. 

Art.  206.  In  case  that  no  agreement  can  be  effected  about  the  fu- 
ture budget  and  the  term  of  appropriation  expires,  the  Sovereign 
has  the  power  to  prescribe  the  appropriations  for  another  year  ac- 
cording to  the  amount  of  the  last  budget  for  that  period,  pending  an 
agreement  in  regard  to  the  new  budget  before  the  expiration  of  the 
year. 

1  Law  of  September  16,  1850.  Tlie  original  budget  term  of  four  years  had  been  tem 
porarily  reduced  to  two  years  by  law  of  October  21,  1840. 


332  CONSTITUTIONS  OF   THE   GERMAN   STATES. 


1 


Art.  207.  Every  time  the  motion  of  the  renewal  for  budget  for  a 
term  of  three  years  is  made,  the  estimates  for  the  future  expenses  and 
the  estimated  receipts  for  the  new  period  are  to  be  presented  to  the 
Diet,  as  well  as  a  statement  regarding  the  moneys  spent  during  the 
expiring  term. 

Art.  208.^  The  detailed  principles  of  the  financial  administration 
of  the  country  and  the  domains  are  contained  in  the  two  supple- 
ments of  the  Constitution  and  form  a  part  of  same. 

Art.  209.  Whenever  the  Provincial  Diet  sees  fit  to  withhold  its 
consent  to  a  law  which  can  not  be  enacted  without  its  approval,  it 
is  bound  to  show  cause  aiid  give  its  reason  to  enable  the  Sovereign 
to  reconsider  the  subject. 

(J))     CONCERNING    LAWS    OF    DIFFERENT    CHARACTER. 

Art.  210.2  General  laws  of  the  country  not  affecting  the  freedom 
of  the  individual  or  the  property  of  all  subjects  will  be  brought  be- 
fore the  Diet  simply  to  get  its  opinion  on  them.  The  Sovereign 
will  consider  the  suggestions  made  and  make  use  of  them  if  he  sees 
fit  to  do  so. 

Art.  211.  Reg-ulations  for  the  carrying  out  of  existing  laws,  or- 
dinances in  connection  with  supervising  and  administration  laws, 
police  orders  (as  long  as  they  do  not  interfere  with  the  freedom  of 
the  individual  or  the  property  of  all  subjects  or  tend  to  alter  the  Con- 
stitution (article  201)),  as  w^ell  as  regulations  for  the  safety  of  the 
State,  are  •not  subject  to  the  opinion  of  the  Provincial  Diet,  and 
the  Sovereign  can  enact  them  without  the  consent  of  the  Diet. 

Art.  212.  The  administration  of  the  military  council  is  responsible 
to  the  Provincial  Diet  as  well  as  to  the  Sovereign  for  the  expendi- 
tures; the  Diet  is  to  be  heard  and  its  consent  is  required  in  regard 
to  conscription  laws.  It  has  also  the  right  to  make  complaint  w^hen 
this  law  is  violated. 

Art.  213.  The  influence  of  the  Provincial  Diet  in  matters  of 
churches  and  schools  is  described  in  the  fourth  part  of  the  Con- 
stitution. 

{(•)    DEFECTS   IN  THE  LEGISLATION   AND  THE  CONSTITI'TION. 

A.RT.  214.^  The  Provincial  Diet  has  the  right  and  the  obligation 
to  call  the  attention  of  the  Sovereign  to  all  defects  in  the  legislation, 
noticed  by  it  and  to  request  the  making  of  alterations  or  annul- 

*  Compare  notes  to  articles  3  and  18  flf. 

2  The  law  of  October  21,  1848,  altering  articles  210  and  266  in  order  to  extend  the 
functions  of  the  Provincial  Diet  in  regard  to  competency  and  initiative  was  revolted  on 
February  11,  1854,  and  the  original  provision  of  the  Constitution  was  reinstated.  Therebj 
article  214  of  the  Constitution  was  framed  as  it  appears  now. 

3  Compare  note  to  article  210. 


CONSTITUTION    OF   SAXE-ALTENBURG.  333 

ment  of  such  laws,  giving  reasons  for  its  suggestions.  The  Sovereign 
will  then  cause  a  consideration  of  the  subject  and  order  the  draft  of 
another  bill  or  act  as  he  sees  fit.  The  bills  are  to  be  presented  by 
the  State  Government. 

(d)    DEFECTS  IN   THE  ADMINISTRATION. 

Art.  215.  It  is  also  its  duty  to  call  the  attention  of  the  Sovereign 
to  any  irregularity  discovered  in  any  of  the  branches  of  the  adminis- 
tration which  may  not  have  been  noticed  by  the  supervising  au- 
thorities. It  is  the  desire  of  the  ruler  to  be  informed  of  all  improper 
conduct  in  the  affairs  of  the  State  over  which  he  presides. 

(e)    PRESENTING    OF    COMPLAINTS    OF    SUBJECTS,    CORPORATIONS,    AND    TOWNS. 

Art.  216.^  The  Provincial  Diet  has  the  obligation  to  submit  com- 
plaints of  single  individuals,  corporations,  and  towns  to  the  Sover- 
eign. These  have  to  be  put  in  writing  before  they  are  presented  to 
the  Provincial  Diet,  and  they  shall  not  be  accepted,  unless  the  pe- 
titioner can  show  that  he  complained  before  in  vain  to  the  proper 
department  and  the  highest  authorities  (article  37). 

No  petition  or  complaint  can  be  brought  before  the  Sovereign  be- 
fore a  majority  of  the  Diet  approves  the  step. 

(/)    EXTRAORDINARY   COMMISSIONS. 

Art.  217.  In  all  such  cases  where,  in  view  of  the  extraordinary 
character  of  the  matter,  conamissions  are  appointed  and  all  subjects 
may  be  affected  by  appropriations  to  be  made,  some  delegates  of 
the  Diet  will  be  appointed  as  members  of  the  commission. 

Section  VI. — Mode  of  procedure  of  the  Provincial  Dief.^ 

Art.  218.  The  Provincial  Diet  exercises  its  functions  as  laid  down 
in  the  Constitution  either  in  full  session  or  through  an  executive 
committee — the  Deputation  (Landesdeputation) . 

1.  Session  of  Diet. 

(a)  ITS  coNvocxVTioN ;  opening. 

Art.  219.^  The  Diet  meets  at  least  every  three  years  at  the  call  of 
the  Sovereign.  To  that  end  the  presiding  officer  of  the'  Provincial 
Diet  receives  a  ducal  summons  (rescript)  and  each  delegate  receives 

1  Compare  note  to  article  65. 
'  2  The  order  of  business  of  the  Provincial  Diet  of  December  23,  1858  (proclaimed  as  law), 
amended  by  a  ducal  order  of  October  27,  1868,  completes  the  section  on  the  mode  of 
procedure  of  the  legislature.  It  concedes  to  the  Trovincial  Diet  the  power  to  determine 
whether  delegates  have  been  properly  chosen.  Two-thirds  of  the  full  membership  must 
take  part  in  voting  to  pass  bills. 
^  Compare  note  to  article  203. 


334  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

an  announcement  of  the  Ministry  to  that  effect.  The  call  will  also 
be  published  in  the  official  gazette  of  the  Duchy. 

Art.  220.^  In  case  one  of  the  members  called  should  at  the  time 
for  some  reason  be  unable  to  appear,  he  is  held  to  notify  the  ducai 
privy  council  at  once,  so  that  the  substitute  can  be  called  to  attend. 
Petitions  for  leave  of  absence  during  the  session  can  be  disposed  of 
by  the  Provincial  Diet,  but  in  case  the  call  for  the  substitute  shall  be 
deemed  necessary,  the  highest  authority  is  to  be  notified  to  that  effect. 

Art.  221.  Gn  the  morning  of  the  day  set  for  the  opening  of  the 
Provincial  Diet,  as  soon  as  the  Sovereign  has  been  advised  as  to  the 
arrival  of  the  delegates,  he  will  designate  a  commissioner  for  the 
purpose  of  administering  the  oath  to  the  new  delegates.  The  con- 
tents of  the  oath  is  given  in  article  200. 

Art.  222.  Hereafter  the  Sovereign  will  proceed  to  the  church  fol- 
lowed by  the  delegates,  to  pray  for  the  blessing  of  God  Almighty. 
After  the  services  the  Provincial  Diet  will  be  opened  with  the  an- 
nouncement of  the  subjects  proposed  for  approval.  The  opening  will 
either  be  performed  by  the  Sovereign  in  person  or  by  commissioners 
in  his  behalf. 

(b)    OFFICERS  OF  THE  PROVINCIAL  DIET. 

.  Art.  223.  The  officers  of  the  Provincial  Diet  are  the  president,  his 
associate,  the  secretary  (Syndikits),  and  the  clerk  to  take  the  proto- 
col. 

Art.  224.-  The  president  is  appointed  by  the  Sovereign  from 
among  the  delegates  and  substitutes  of  the  knighted  estate  holders  be- 
fore the  Provincial  Diet  reconvenes,  and  he  serves  until  the  next  ses- 
sion of  the  Provincial  Diet  has  been  called. 

Art.  225.  The  associate  of  the  president  is  chosen  from  the  mem- 
bers of  the  Provincial  Diet  by  absolute  majority  and  must  be  con- 
firmed by  the  Sovereign. 

The  election  takes  place  in  the  second  week  of  the  session  and  is 
valid  until  the  beginning  of  the  next  session,  unless  the  Provincial 
Diet  be  dissolved. 

He  takes  the  place  of  the  president  whenever  the  latter  is  unable 
to  be  present,  and  the  conduct  of  business  merely  in  writing  is  not 
deemed  proper.  He  assists  the  president  in  the  exercise  of  his  func- 
tions and  is  member  of  the  Provincial  Deputation. 

Art.  226.  The  president  is  the  chairman  of  the  legislative  bod}';  he 
opens  all  documents  and  correspondence  to  be  submitted  to  the  Pro- 
vincial Diet,  affixes  along  with  the  associate  his  signature  to  the 
drafts  and  the  minutes,  signs  all  petitions  and  communications,  pre- 
sides over  all  deliberations,  conducts  the  ballot,  and  represents  the 
Provincial  Diet  at  all  public  functions  as  speaker. 

^The  institution  of  substitutes  has  been  done  away  with  by  law  of  Oclober  22,  1873. 
'  Article  224  was  set  aside  by  law  of  April  10,  1848,  which  was  annulled  by  law  of 
August  3,  1850.     Compare  also  law  of  May  31,  1870. 


CONSTITUTION   OF   SAXE-ALTENBURG.  335 

Art.  227.  The  Provincial  Diet  can  never  gather  without  his  call 
and  his  attendance.  He  is  above  all  responsible  for  the  compliance 
with  all  legal  provisions. 

The  secretary  (Syndikus). 

Art.  228.  The  secretary  prepares  all  documents  containing  the 
resolutions  passed  by  the  Provincial  Diet ;  he  is  not  only  the  secretary 
but  also  the  custodian  of  the  Estates.  In  case  a  public  servant 
of  the  State  is  vested  with  tl^ese  functions,  he  will  be  absolved  of 
his  duties  toward  the  Sovereign  during  the  session,  and  the  legal  act 
required  in  that  event  will  be  performed  at  the  time  the  delegates 
take  their  oath  of  office.  He  can  be  elected  for  the  first  time  at  the 
beginning  of  the  session  of  the  Provincial  Diet  and  hereafter  chosen 
to  serve  for  life^  but  his  election  is  to  be  confirmed  by  the  Sovereign. 

Minutes  and  clerical  work. 

Art.  229.  The  Provincial  Diet  elects  for  each  session  a  clerk  to 
take  the  minutes.  If  this  is  a  servant  of  the  State,  the  choice  will  be 
orally  communicated  to  the  .Privy  Ministry,  whereupon  the  man 
chosen,  if  his  services  can  be  dispensed  with,  will  be  absolved  during 
the  session  from  his  duties  toward  the  State. 

Other  clerical  work  will  be  done  by  men  in  each  case  specially 
hired  for  that  purpose  and  they  will  be  paid  for  their  services. 

(C)    ORDER    OF    BUSINESS. 

Art.  230.  The  president  sits  at  the  head  of  the  table  and  next  to 
him  the  associate,  while  the  other  members  of  the  Provincial  Diet 
take  the  seats  following  in  such  order  that  from  the  three  classes  of 
membership  those  that  entered  last  and  (in  view  of  a  continuous 
change  of  the  personnel)  those  whose  term  expires  last  shall  occupy 
the  last  seats.  The  members  of  each  section  irrespective  of  the  class 
to  which  they  belong  draw  by  lot  the  order  of  seats.  No  distinction 
shall  be  made  as  to  the  number  of  newly  entering  members. 

Art.  231.^  The  form  of  communication  between  the  Sovereign  and 
the  Provincial  Diet  is  established  by  means  of  direct  announcements 
of  the  highest  authority  or  by  communications  of  the  Ministry. 

The  Ministry  has  to  answer  questions  and  interpellations  made  in 
the  meetings  of  the  Provincial  Diet,  either  immediately  or  in 
the  next  meeting  of  that  body.  If  the  Ministry  is  at  the  time  not  in 
the  position  to  give  the  desired  information  and  does  not  deem  it  fit 

i  Sees.  2  and  3  enacted  on  April  7,  1849,  to  explain  article  231. 


336  CONSTITUTIONS   OF   THE   GERMAN   STATES. 


1 


to  respond  at  all,  it  must  give  reasons  for  such  refusal  or  determine 
when  it  will  give  the  information  sought. 

Interpellations  not  responded  to  immediately  should,  if  requested, 
be  submitted  to  the  Ministry  in  writing  by  the  president. 

Art.  232.^  The  Sovereign  designates  commissioners  to  give  expres- 
sion to  his  wishes  and  to  take  part  in  the  meetings  of  the  Provincial 
Diet.  To  that  end  the  president  shall  inform  the  chairman  of  the. 
Ministry,  four  hours  before  the  meeting  is  opened,  of  the  order  of 
business  of  the  day. 

Art.  233.  The  ducal  commissioners  must  be  heard  as  often  as  they 
demand  it.  In  case  they  insist  upon  the  presenting  of  evidence  and 
data  regarding  a  matter,  the  vote  upon  a  certain  measure  must  be 
postponed  in  order  to  give  them  a  further  chance  to  substantiate  their 
contentions. 

In  case  vital  changes  have  been  made  by  the  Provincial  Diet  in 
regard  to  proposed  bills  and  appropriations  asked  for,  the  consulta- 
tion and  a  conference  with  the  commissioners  is  required. 

They  retire  from  the  Diet  room  when  a  vote  is  taken,  but  the  dis- 
cussion on  the  subject  in  question  can  not  be  taken  up  again  after 
their  return. 

Art.  234.  With  the  exception  as  to*  the  deliberation  on  cases  in 
which  the  consultation  of  the  ducal  commissioners  is  required,  the 
Provincial  Diet  can  hold  confidential  meetings,  to  which  the  commis- 
sioners are  not  admitted,  but  in  such  meetings  no  resolutions  can  be 
passed.  The  passing  of  bills  and  resolutions  is  preceded  by  a  dis- 
cussion in  which  the  commissioners  take  part. 

The  deliberations  and  minutes  of  confidential  meetings  can  not  be 
published. 

Art.  235.  It  depends  on  the  president  whether  he  will  present 
those  subjects  proposed  for  discussion  personally  or  through  a 
referee  appointed  by  him,  or  whether  he  wishes  to  have  them  ap- 
proved by  a  commission.  The  last  step  can  also  be  proposed  by  the 
Diet. 

Such  commissioners  will  be  chosen  by  election  or,  with  the  consent 
of  the  Provincial  Diet,  appointed  by  the  president. 

Art.  236.2  Vouchers  of  the  Department  of  Taxes  and  of  the  State 
Bank  will  be  submitted  to  the  Provincial  Diet  by  members  delegated 
for  that  purpose  or  by  the  presiding  officials  of  those  bureaus.  In 
case  vouchers  and  papers  from  other  departments  are  asked  for  by 
the  Provincial  Diet,  the  president  applies  for  them  at  the  Ducal 
Ministry. 

^  By  article  31  of  the  ordpr  of  business  of  December  23,  1858,  four  hours  were  set 
instoad  of  two. 

2  Compare  law  of  December  3,  1855,  and  order  of  business  of  December  23,  1858, 
article   59. 


CONSTITUTION    OF    SAXfi-ALTENBURG.  337 

Art.  237.  The  declarations  of  the  Sovereign  have  always  to  be  con- 
sidered first.  While  they  are  discussed,  a  committee  of  the  Provincial 
Diet  gathers  the  resolutions,  petitions,  and  complaints  to  be  sub- 
mitted. The  debate  over  the  budget  must  be  concluded  and  the 
result  be  announced  in  time  so  that  in  case  of  any  necessary  altera- 
tions to  be  suggested  further  deliberations  can  be  held. 

Art.  238.  Nobody  can  without  being  authorized  by  the  president 
present  his  own  petition  personally  to  the  Provincial  Diet.  It  must 
be  submitted  to  the  president  in  writing  and  he  can  at  his  discretion 
bring  it  up  before  the  body  or  not. 

Art.  239.  Motions  of  the  various  delegates  have  to  be  handed 
to  the  president  in  writing  or  must  before  or  after  the  meeting  be 
imparted  to  the  secretary,  who  will  reduce  them  to  writing.  It  de- 
pends on  the  president  whom  he  will  select  to  present  such  docu- 
ments to  the  Provincial  Diet. 

No  discussion  will  be  held  or  vote  taken  in  reference  to  occasional 
remarks  and  motions  made  during  a  debate* 

Art.  240.  After  the  opened  and  completed  free  discussion  the  vote 
is  taken.  Everv  delegate  casts  his  vote  solely  according  to  his  own 
conviction;  instructions  are  out  of  order.  In  important  matters,  or 
if  the  majority  desires  a  postponement,  the  vote  will  be  taken  at  a 
later  meeting.    The  question  will  be  put  by  the  president. 

Art.  241.^  The  referee  has  the  first  vote,  then  follow  the  president 
and  vice-president,  and  the  further  vote  will  be  cast  in  alphabetical 
order  of  the  delegates,  but  in  such  a  way  that  the  principle  of  rota- 
tion will  determine  the  first  voter  in  each  ballot. 

Art.  242.  Only  the  ducal  commissioners,  the  president,  as  well  as 
the  referees  and  the  members  of  committees  are  privileged  to  read 
speeches  and  reports  from  manuscript,  while  the  other  members  of 
the  Provincial  Diet  must  speak  without  notes  before  them. 

Art.  243.  Resolutions  are  passed  by  an  ordinary  majority. 

Art.  244.- 

Art.  245.  The  delegates  are  obliged  to  speak  Avithout  restraint  but 
it  is  of  course  understood  that  their  utterances  must  be  within  tlie 
limits  of  the  law. 

Art.  246.  All  delegates  receive  reimbursement  for  their  traveling 
expenses,  namely  a  total  of  1|  thalers,  figuring  per  mile  for  the  jour- 
ney from  their  estate  (or  their  residence  in  case  it  is  located  in  the 
Duchy  of  Altenburg)  to  the  place  where  the  Provincial  Diet  or  the 
Deputation  meets.  They  also  receive  for  the  period  of  the  session 
daily  allowances,  namely  1  thaler  for  those  living  at  the  place  of 
meeting,  and  the  others  2  thalers. 


2  Article  244  repealed ;  compare  note  to  article  224  and  law  of  May  31,  1870. 

Lrticle  47,  section   3. 
■''  Article   244   repealed  ;   compare  note   to  article  224   and  law  of  May   31 ,    187C. 

92975—19 22 


338  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

The  entire  expenditures  for  these  meetings  are  defrayed  by  the 
funds  of  the  Tax  Department. 

The  president  and  the  secretary  receive  regular  salaries. 

Art.  247.  A  resume  of  the  deliberations  of  the  Provincial  Diet 
will  be  publicly  announced  by  that  body. 

The  estimate  and  the  accounting  of  the  Chief  Tax  Fund,  as  well 
as  the  results  of  the  administration  of  the  chancery  (the  latter  dur- 
ing the  maintenance  of  the  present  financial  system)  will  be  an- 
nounced by  the  State  Government  at  the  beginning  of  every  new 
financial  period  (article  76). 

All  proclamations  of  the  Provincial  Diet  require  the  sanction  of 
the  Sovereign. 

(d)    CLOSING  OF   THE  PROVINCIAL   DIET. 

Art.  248.  No  session  of  the  Provincial  Diet  can  convene  without 
the  call  thereto  on  the  part  of  the  Sovereign,  and  likewise  the  ad- 
journment of  the  same  depends  on  the  action  of  the  Sovereign.  As 
soon  as  it  is  pronounced  by  him  the  session  will  be  closed. 

2.  Provincial  Deputation.^ 

(a)    PURPOSE.  ^ 

Art.  249.  The  Provincial  Deputation  assists  the  Provincial  Assem- 
bly in  the  execution  of  the  resolution  and  enactments  of  the  latter 
body,  as  far  as  this  can  be  done  by  the  body ;  it  aids  the  Finance  De- 
partment in  the  straightening  out  of  difficulties  which  may  arise  dur- 
ing a  financial  period  and  at  the  suggestion  of  the  Government  makes 
preparations  for  the  next  session  of  the  Provincial  Diet. 

(&)    its  ORGANIZATION. 

Art.  250.  The  Deputation  consists  of  the  president,  his  associate, 
and  six  members  of  the  delegates,  which  are  chosen  from  each  Pro- 
vincial Assembly  for  the  time  of  the  adjournment  to  the  opening  of 
the  future  Diet,  namely  two  to  be  elected  from  each  of  the  three 
€lasses  of  delegates,  subject  to  the  confirmation  of  the  Sovereign. 

Two  deputies  of  the  total  membership  must  be  from  the  Kahla- 
Eisenberg  district. 

To  provide  for  vacancies  caused  by  resignation  of  members,  the 
Provincial  Diet  must  choose  for  the  Deputation  several  substitute 

delegates  from  among  its  own  ranks. 

— — ■ 

^  ArUcles  249-265  mostly  rescinded  by  laws  of  December  3,  1855,  March  14,  1866, 
article  9,  section  6  ;  April  29,  1874,  article  21  ;  and  May  29,  1883,  article  11. 


CONSTITUTION   OF    SAXE-ALl^NBUBG.  339 

(C)    FUNCTIONS. 

Art.  251.  Its  functions  arc  as  follows: 

1.  In  legislation. 

The  Sovereign  can  present  to  the  Deputation  bills  which  shall 
later  be  submitted  to  the  Provincial  Diet  in  order  to  get  the  views  of 
the  deputies  and  facilitate  the  deliberations  of  the  Provincial  Diet. 

Art.  252.  Drafts  for  new  bills  prepared  by  the  State  Government 
at  the  suggestion  of  the  Provincial  Diet  can  be  brought  up  before 
the  Deputation,  and  in  case  this  body  approves  such  bills  they  may 
be  enacted  by  the  Sovereign. 

2.  Administration  of  Finance. 

Art.  253.  In  case  unexpected  expenditures  are  to  be  made  or  de- 
ficiencies arise  in  the  administration  of  the  Chancery,  Tax,  Military, 
or  Banking  Departments,  and  a  delay  in  the  settlement  of  the  matter 
is  deemed  injurious,  the  Provincial  Deputation  can  act  (although 
not  having  the  power  of  making  permanent  appropriations)  by 
special  appropriation  to  relieve  the  embarrassment  and  provide  for 
the  rest  of  the  financial  period.  >  If  this  is  not  deemed  feasible,  the 
Deputation  can  make  other  suggestions  to  straighten  out  the  diffi- 
culties. 

Art.  254.  When  such  claims  are  submitted  by  the  administrative 
authorities  to  the  Deputation,  they  must  be  established  by  the  said 
authorities. 

3.  The  other  branches  of  administration. 

Art.  255.  The  Provincial  Deputation  has  the  obligation  to  call  the 
attention  of  the  Sovereign  to  unlawful  occurrences  and  ask  for  relief 
w^hen  it  is  convinced  that  the  delay  of  such  notice  to  the  next  session 
of  the  Provincial  Diet  may  cause  serious  loss. 

If.  other  poivers. 

Art.  256.  It  has  the  right  to  fill  positions  in  the  Magdalenen 
Endowment  and  the  Caroline  School  for  Girls  for  which  the  Pro- 
vincial Diet  has  the  appointing  power,  but  this  can  be  done  in  the 
way  of  correspondence  if  at  the  time  of  appointment  no  meeting  of 
the  Provincial  Deputation  is  held. 

Art.  257.  By  a  resolution  of  the  Provincial  Diet  passed  by  an 
absolute  majority  other  powers  can  be  assigned  to  the  Deputation, 
but  with  the  consent  of  the  Sovereign  and  only  for  a  certain  period. 

(d)    SUMMONING. 

Art.  258.  The  Sovereign  may  summon  the  Provincial  Deputation 
for  the  reasons  aforesaid,  but  also  for  other  reasons,  to  secure  its 


340  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

advice  and  opinion  in  regard  to  important  subjects.  The  call 
to  assemble  is  extended  by  a  proclamation  to  the  president  and,  in  his 
absence  and  in  case  of  urgency,  to  his  associate. 

Art.  259.  In  cases  described  in  articles  253  and  255  the  president 
has  the  authority  to  request  the  Sovereign  to  call  the  Deputation  or 
the  Provincial  Diet. 

(e)    RELATIONS  TO  THE  PROVINCIAL  DIET   AND  RULES  OF  BUSINESS. 

Art.  260.  The  resolutions  and  findings  of  the  Provincial  Deputa- 
tion should  as  much  as  possible  be  in  accordance  with  the  resolutions 
passed  previously  by  the  Provincial  Diet  sanctioned  by  the  Sovereign 
and  shall  only  differ  in  regard  to  a  change  of  conditions  which  took 
place  in  the  meantime.  If  the  matter  is  not  very  urgent,  it  should 
be  reconsidered  after  an  appeal  of  three  members  and  a'  consultation 
with  members  of  the  Provincial  Diet. 

Art.  261.  It  is  within  the  discretion  of  the  Provincial  Deputation, 
in  case  appropriations  extending  for  more  than  a  year  are  asked  for, 
to  demand  that  the  matter,  if  it  is  not  very  urgent,  be  referred  to  the 
Provincial  Diet  either  by  having  it  called  into  session  or  having  its 
members  express  themselves  on  the  question  in  writing. 

Before  such  a  proceeding  can  be  resorted  to,  the  consent  of  the 
Sovereign  has  to  be  applied  for,  and  he  must  be  informed  at  the 
same  time  of  the  reasons  for  the  proposed  call. 

Art.  262.  To  make  the  resolutions  and  bills  of  the  Provincial 
Deputation  effective,  the  whole  membership  has  to  vote  upon  the 
measure ;  in  case  of  absence,  the  deputies  vote  in  writing  or  are  rep- 
resented by  others  named  by  the  president. 

The  majority  prevails  also  in  this  body. 

Art.  263.  In  case  one  of  the  deputies  is  unable  to  appear  between 
the  legislation  periods  of  the  Provincial  Diet  and  can  not  perform 
his  duties,  the  president  calls  upon  the  first  substitute  from  the 
class  of  the  absentee  (article  250)  and  submits  to  the  Sovereign  the 
request  to  confirm  his  appointment. 

Art.  264.  The  Provincial  Deputation  has  to  report  to  the  Pro- 
vincial Diet  at  its  next  session  about  the  meetings  held  in  the  mean- 
time. The  Provincial  Diet  has  to  respect  and  is  bound  to  comply 
with  the  resolutions  and  bills  passed  by  the  Deputation  in  the  mean- 
time and  confirmed  by  the  Sovereign. 

If  the  Provincial  Diet  is  dissolved,  the  Deputation  has  also  to 
be  disbanded. 

Art.  265.  The  taking  of  the  minutes  and  clerical  work  of  the 
Provincial  Deputation  is  in  charge  of  the  secretary  (Si/ndikus) . 


CONSTITUTIOlSr   OF   SAXE-ALTENBURG.  341 

GENERAL  PROVISIONS  IN   REGARD  TO  THE  CONSTITUTION. 

Art.  266.1  'pj^^  provisions  of  the  Constitution  go  into  effect  after 
their  proclamation  and  can  only  be  altered  with  the  consent  of  the 
Sovereign  and  the  Provincial  Diet.  The  present  Provincial  Diet, 
however,  remains  in  poAver  until  a  new  one  has  been  chosen  under 
the  Constitution. 

In  case  of  differences  of  opinion  between  the  State  Government  and 
the  Provincial  Diet  upon  which  no  agreement  can  be  reached,  es- 
pecially regarding  points  of  the  Constitution,  an  arbitration  pro- 
ceeding analogous  to  the  one  provided  in  the  rules  of  the  highest 
Court  of  Appeals  will  be  resorted  to,  but  before  such  procedure  is 
instituted,  a  last  effort  should  be  made  to  reach  an  agreement.  The 
future  successors  to  the  reign  are  bound  by  the  Constitution  and 
shall  affirm  this  in  every  case  when  taking  charge  of  the  Government* 

Every  official  and  subject  of  the  country,  the  present  and  the 
future,  are  bound  to  respect  the  Constitution  and  may  be  punished  in 
case  they  violate  any  of  its  provisions,  even  if  they  have  not  taken  an 
oath  of  allegiance. 

Given  in  Altenburg,  April  29,  1831. 

[L.  s.]  FRIEDRICH, 

Duke  of  Saxony. 
JOSEPH, 

Duke  of  Saxony^  Hereditary  Prince 
of  Saxe-Alteriburg. 

Karl  Joh.  Heinr.  Ernst  v.  Braun. 

Karl  Chr.  v.  Wuestemann. 

Chr.  Gottfr.  Hermann. 

'  Compare  note  to  article  210. 


SAXE-COBURG-GOTHA.^ 

POLITICAL  CONSTITUTION  OF  MAY  3,  1852. 

[Preamble.] 

We,  Ernst,  Duke  of  Saxe-Coburg  and  Gotha,  Juliers,  Cleves,  and 
Berg,  also  Engern  and  Westphalia,  Landgrave  in  Thuringia,  Mar- 
grave of  Meissen,  princely  Earl  of  Henneberg,  Earl  of  Mark  and 
Ravensberg,  Ruler  of  Ravenstein  and  Tonna,  etc.,  in  order  to  provide 
an  harmonious  constitution  for  our  lands,  have  ordained  the  enact- 
ment of  a  common  Political  Constitution  for  the  Duchies  Coburg  and 
Gotha,  and  accordingly  with  the  advice  and  consent  of  the  Estates 
of  our  Duchy  Coburg  and  of  the  House  of  Deputies  of  our  Duchy 
Gotha,  we  decree  as  follows: 

Part  I. — The  State^  the  Duhe^  the  Succession  in  the  Government^ 
and  the  Government  Administration.'^ 


Section   1.  The  Duchies  of  Coburg  and  Gotha  shall   form  one 
united,  inseparable  body,  with  the  following  Constitution. 
.     Sec.  2.  The  united  Duchies  as  a  German  Federal  State  shall  share 
all  rights  and  duties  proceeding  from  the  Federal  Constitution. 

The  decrees  passed  by  Federal  authority  within  their  competence 
in  constitutional  form  are  authoritative  for  the  united  Duchies  and 
acquire  binding  power  after  their  proclamation  by  the  Duke  (sec. 
22). 

^Translation  by  Mrs.  H,  N.  Taylor  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  391-415. 

2  On  July  15,  1899,  the  law  was  amended  and  executed  concerning  the  succession  to  the 
throne  in  the  Duchies  Coburg  and  Gotha. 

Article  1.  In  case  the  present  Ruling  Duke  dies  without  eligible  descendents,  the  Duke 
Carl  Edward  of  Albany  and  his  male  line  shall  next  be  summoned  to  succeed  to  the  Gov- 
ernment, and  in  case  he  shall  die  without  eligible  descendants  or  his  male  line  should  be 
extinct.  Prince  Arthur,  son  of  the  Duke  Connaught  and  his  male  line  shall  be  called  to 
rule  in  the  Duchies. 

Should  Prince  Arthur  also  die  without  eligible  children  or  his  male  line  be  extinct, 
the  right  of  succession  shall  then  fall  to  Prince  Albert  Edward  of  Wales  and  his  male  line. 

The  stipulation  of  s<'Ction  4  of  the  Political  Constitution  shall  apply  to  the  Duke  of 
Albany  also  as  long  as  he  is  the  prospective  successor  to  the  throne. 

AuT.  2.  In  case  the  present  ruling  Duke  should  die  during  the  minority  of  the  successor, 
the  regency  shall  then  be  Incumbent  upon  the  present  guardian  until  the  majority  of  the 
Duke. 

If  a  change  is  made  in  the  person  of  the  guardian,  the  consent  of  the  Joint  Diet  is 
necessary  for  the  assignment  of  the  administration  to  the  new  guardian. 

In  case  the  Diet  refuses  its  consent,  and  the  present  Reigning  Duke  is  deceased,  the 
regent  shall  be  chosen  by  the  mother  of  the  minor  Duke  and  the  State  Ministry  together 
with  the  Joint  Diet.  In  such  case  the  guardianship  shall  pass  to  the  regent  in  accordance 
with  section  14  of  the  Political  Constitution. 

The  regent  must  fulfil  the  provisions  of  section  20  of  the  Political  Constitution. 

342 


COIvSTITUTION   OF  SAXE-COBURG-GOTHA.  343 

Sec.  3.  The  Duke  is  the  head  of  the  State  and  shall  exercise  as 
such  the  rights  of  supreme  power  according  to  the  Constitution. 

Sec.  4.  The  Duke  must  maintain  his  principal  residence  within 
State  territory  with  exception  of  the  cases  designated  in  sections 
8  and  9. 

Sec.  5.  The  seat  of  Government  must  not  be  transferred  outside  the 
country. 

Sec.  6.^  The  right  to  the  throne  is  hereditary  in  the  mah'  line  of 
the  ducal  family,  according  to  the  right  of  the  first  born  and  lineal 
descent. 

For  eligibility  to  the  succession  is  required  legitimate  descent  from 
a  marriage  contracted  with  one  of  equal  rank,  with  th?  approval  of 
the  Duke. 

Sec.  7.^  If  the  present  Reigning  Duke  shall  die  without  leaving  eli- 
gible descendants,  or  the  eligible  descendants  left  by  him  shall  die  and 
thereby  the  succession  in  the  Government  shajl  pass  to  his  brother, 
Prince  Albert,  in  regard  to  his  eligible  descendants  the  following 
special  stipulations  are  made  (sees.  8-10). 

Sec.  8.  In  case  Prince  Albert  at  the  time  of  accession  to  the  throne, 
should  be  prevented  from  taking  up  his  principal  residence  in  the 
Duchies,  the  exceptional  privilege  shall  be  granted  him  of  conduct- 
ing the  Government  through  the  agency  of  a  governor. 

Sec.  9.  The  reigning  king  of  England  and  the  prospective  success- 
sor  (heir  apparent  in  the  English  law)  are  debarred  from  succes- 
sion in  the  Government  of  the  Duchies,  and  the  sovereignty  shall 
pass  on  to  the  prince  next  entitled. 

If,  however,  at  the  time  of  succession  no  eligible  descendant  from 
the  special  line  of  Prince  Albert  is  available  except  the  ruling  king 
of  England,  or  except  the  hereditan^  prince,  or  except  the  king  and 
the  prince,  then  in  the  first  and  third  cases  the  king  of  England  and 
in  the  second  case  the  hereditary  prince  shall  succeed  to  the  sov- 
ereignty of  the  Duchies  and  cause  them  to  be  ruled  by  a  governor 
until  such  time  as  they  can  be  taken  over  by  an  eligible  prince  of 
full  age  and  of  the  special  line  of  Prince  Albert. 

Sec.  10.  Provided  that  in  event  of  the  extinction  of  the  reigning 
line,  two  equally  near  lines  should  be  available,  the  older  shall  take 
precedence  over  the  younger.  < 

^The  following  sections  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19,  and  20  are  also 
inserted  in  the  new  "  Family  Law  for  the  ducal  family  of  Saxe-Coburg-Gotha  "  of  March 
1,  1855,  in  which  thoy  form  articles  5-19  in  Part  II.  See  this  together  with  supplements 
and  appendices  :  A.  Deed  of  Renunciation  by  the  Prince  of  Wales  of  April  19,  1863  ; 
B.  supplement  to  Family  Law  of  December  6,  1866 ;  C.  law  concerning  the  Greinburg 
entail  of  March  29,  1873,  in  H.  Schulze,  Hausgesetze,  Vol.  3,  p.  265  fiC. 

2  The  renunciation  of  Albert  Edward,  then  Prince  of  Wales,  of  April  19,  1863,  made 
known  by  ducal  decree  of  November  10,  1863. 


r>44  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Sec.  11.  The  age  of  majority  and  the  age  of  accession  to  the  throne 
shall  be  for  the  Duke,  as  well  as  for  every  prince  of  the  ducal  family 
in  general,  the  completion  of  the  twenty-first  year  of  age. 

Sec.  12.  If  the  Duke  is  in  his  minority,  or  on  account  of  physical 
or  mental  weakness  or  any  other  reason  is  incapable  of  conducting 
or  continuing  the  Government,  a  Government  administration  shall 
ensue. 

Sec.  13.  During  the  minority  of  the  Duke,  unless  otherwise  or- 
dered by  the  deceased  Duke  by  means  of  a  law  decreed  with  couvsent 
of  the  Joint  Diet,  the  Government  administration  shall  pass*  to  the 
Duke's  own  mother  so  long  as  she  does  not  marry  again;  after  her, 
to  the  nearest  eligible  agnates,  according  to  the  right  of  accession. 

Sec.  14.  The  administrator  shall  likewise  be  the  personal  guardian 
of  the  Duke. 

Sec.  15.  Should  there  appear  in  the  case  of  a  prince  designated  to 
succeed  the  reigning  Duke,  such  mental  or  physical  characteristics 
as  to  make  him  unsuitable  to  succeed  to  the  Government,  decision 
shall  be  made  during  the  reign  of  the  Duke  by  a  formal  law  concern- 
ing the  future  administration  and  the  person  of  the  administrator. 

Sec.  16.  If  in  the  case  provided  for  in  section  15  the  law  prescribed 
therein  should  not  have  been  enacted,  or  should  the  Duke  become  sub- 
ject to  the  designated  unfitness  after  his  succession  to  the  Govern- 
ment, or  otherwise  prevented  from  carrying  on  the  Government  itself, 
then  the  State  Ministry  shall  call  a  council  of  the  family,  consisting 
of  three  members,  in  which,  however,  shall  not  be  included  the  agnate 
nearest  to  the  succession  who  has  attained  his  majorit3^  This  family 
council  shall  decide  according  to  a  majority  vote  the  question  whether 
an  administration  is  necessary.  If  the  question  is  decided  in  the 
negative,  the  matter  must  end  there;  if  in  the  affirmative,  this  ver- 
dict requires  for  its  validity  the  consent  of  the  Joint  Diet. 

Sec.  17.  In  case  of  section  16,  if  the  family  council,  with  consent 
of  the  joint  Diet,  does  not  designate  some  one  else,  the  administration 
shall  go  to  the  wife  of  the  Duke,  unless  from  his  marriage  with  her 
a  prince  of  full  age,  entitled  to  direct  succession,  is  available,  other- 
wise to  the  nearest  eligible  agnate  according  to  the  succession. 

Sec.  18.  The  repeal  of  the  administration  decided  upon  according 
to  section  16,  on  account  of  the  return  to  fitness  for  administration, 
can  only  be  made  through  the  decision  of  a  family  council  sum- 
moned according  to  the  provisions  of  section  16  and  with  the  consent 
of  the  Joint  Diet. 

Sec.  19.  The  State  administration  can  not  be  passed  over  to  the 
occupant  of  a  throne  outside  of  Germany  with  exception  of  the  case 
provided  in  section  9. 

If  a  Duke  ascends  a  throne  outside  Germany,  it  will  be  taken  for 
granted  that  he  thereby  renounces  his  claim  to  reign  over  the 
Duchies. 


CONSTITUTION   OF   SAXE-COBURG-GOTHA.  345 

Sec.  20.  The  governor,  as  well  as  the  administrator,  must  be  of 
the  Protestant  faith;  both  must  take  up  their  principal  residence  in 
the  Duchies. 

Sec.  21.  The  person  of  the  Duke  is  inviolable;  for  his  official  acts 
he  is  not  subject  to  any  accountability. 

The  same  provisions  obtain  in  regard  to  the  Mministrator. 

The  governor  is  responsible  to  the  Duke. 

Sec.  22.  The  commands  of  the  Duke,  the  administrator,  and  the 
governor  are  only  then  official  when  they  are  announced  in  writing 
and  as  has  been  decreed  by  a  special  law,  when  they  have  been  coun- 
tersigned or  ratified  by  a  member  of  the  State  Ministry. 

Part  Tl.—rThe  subjects  and  citizens  and  their  general  rights  and 

duties. 

Secs.  23-26.  [Sections  23-26  and  60  were  repealed  by  section  1  of 
the  law  of  April  8,  1879,  and  replaced  by  the  following  provisions.] 

Sec.  2.  Those  persons  are  subjects  of  the  united  Duchies  of  Coburg  and 
Gotha  who  have  acquired  nationality  in  one  of  these  Duchies  according  to  the 
provisions  of  the  Imperial  laws. 

Sec.  3.  All  rights  which  are  assigned  to  citizens  or  subjects  in  the  Political 
Constitution  or  otherwise  belong  to  and  are  incumbent  upon  subjects  as  de- 
fined by  the  preceding  section  2. 

Sec.  4.  The  Imperial  laws  determine  the  rights  and  duties  of  Germans  who 
are  not  subjects  of  these  States. 

Sec.  27.^  The  civil  rights  established  according  to  Constitution  and 
law  can  not  for  the  time  be  exercised : 

(a)  By  those  who  are  undergoing  imprisonment  or  are  under  legal 
detention ; 

{h)  By  those  under  parental  authority  or  under  any  guardianship 
whatever ; 

{d)  By  a  bankrupt,  against  whom  bankruptcy  proceedings  have 
been  opened,  during  the  duration  of  bankruptcy  and  within  the  next 
10  years,  unless  full  satisfaction  of  the  creditors  has  sooner  resulted ; 

(e)  By  a  bankrupt  who  has  made  a  legal  agreement  with  his  cred- 
itors, pending  satisfaction  of  the  latter  in  accordance  therewith ; 

(/)   By  those  who  are  relieved  by  the  public  or  community  funds. 

As  charity  relief  in  the  sense  of  this  provision  should  not  be  con- 
sidered: 

(1)  Sick  relief; 

(2)  Institutional  relief  granted  a  subject  on  account  of,  physical 
or  mental  deficiency ; 

(3)  Support  for  the  care  of  a  child  or  for  vocational  education  or 
training ; 

(4)  Other  support  when  it  is  granted  only  in  the  form  of  a  single 
act  for  the  relief  of  a  temporary  need. 

1  Sec.  27    ic)   repealed,   (f)    recast,  by  law  of  March   ]7,  1911, 


346  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

Sec.  28.  Every  citizen  upon  attaining  his  eighteenth  year  must 
take  the  following  oath: 

I  swear  loyalty  to  the  Duke,  obedience  to  the  law,  and  compUance  with  the 
Constitution.     So  help  uie  God. 

Sec.  29.  Freedom  oi  emigration  is  limited  for  State  reasons  only 
for  the  duration  of  a  military  service  already  entered  into.  Emigrant 
tax  shall  not  be  levied  upon  emigrants. 

Sec.  30.  Before  the  law  there  shall  be  no  difference  of  rank.  Pref- 
erences of  rank  shall  not  exist.  Public  offices  are  alike  accessible  to 
all  competent  citizens  under  restriction  of  the  conditions  determined 
by  law. 

Sec.  31.  No  one  may  be  deprived  of  his  lawful  judge.  Special 
tribunals  shall  not  exist. 

Sec.  32.  The  conditions  and  forms  under  which  the  arrest  of  a 
person,  the  search  of  a  dwelling,  the  confiscation  and  search  of  letters 
may  take  place  may  be  determined  only  by  law. 

Sec.  33.  The  freedom  of  religious  creed,  the  freedom  of  assembly 
for  religious  societies,  whose  principles  do  not  conflict  with  the  penal 
laws  or  the  moral  code,  and  the  freedom  of  ordinary  private  ana 
public  worship  is  guaranteed. 

Sec.  34.  The  enjoyment  of  civic  rights  shall  not  be  conditioned  nor 
restricted  by  religious  creed.  The  latter  must  not  interfere  with 
political  duties. 

Sec.  35.  No  religious  society  more  than  any  other  shall  enjoy 
privileges  in  ecclesiastical  consideration.  On  the  contrary,  the  State 
accords  equal  protection  to  all.  Decrees  of  church  authorities  may 
neither  be  announced  nor  executed  without  preceding  the  approval  ot 
the  State  Government. 

Sec.  36.  Differences  in  religion  are  no  civil  obstacle  to  marriage. 

Sec.  37.  Matters  of  instruction  and  education  are  under  the  general 
superintendence  of  the  State. 

Sec.  38.  Every  citizen  is  free  to  found  and  to  conduct  institutions 
for  instruction  and  education,  and  to  give  instruction  in  the  same  if 
he  has  shown  the  proper  civil  authorities  his  moral,  scientific,  and 
technical  ability. 

Private  instruction  is  subject  to  no  such  restriction. 

Sec.  39.  Sufficient  instruction  for  the  young  shall  be  universally 
provided  in  the  public  schools. 

The  State  shall  provide  that  those  without  means  may  also  obtain 
their  share  of  necessary  instruction  in  the  public  elementary  schools. 

Parents  and  guardians  must  not  allow  their  children  and  wards  to 
do  without  the  instruction  which  is  prescribed  in  the  public  elemen- 
tary schools. 

Sec.  40.  The  teachers  of  the  elementary  schools,  who  have  proved 
their  moral,  scientific,  and  technical  ability  before  the  proper  civic 


CONSTITUTION   OF   SAXE-COBURG-GOTHA.  347 

authorities,  shall  be  appointed  by  the  State  in  conjunction  with  the 
commune.    This  position  shall  be  regulated  by  law. 

Sec.  41.  The  legal  status  of  these  public  teachers  as  State  officials 
to  whom  the  civil  service  law  does  not  apply,  as  well  as  their  legal 
relations  to  the  commune,  shall  be  regulated  by  law. 

Sec.  42.  The  means  for  erection,  support,  and  extension  of  the 
public  elementary  schools  shall  be  furnished  by  the  communes,  and 
in  case  of  insufficient  funds  they  shall  be  supplemented  by  the  State. 

In  regard  to  responsibilities  of  third  parties  based  on  special  legal 
circumstances,  nothing  shall  be  changed  by  the  foregoing  provision. 

Sec.  43.  The  right  to  free  expression  of  opinion  by  word,  writing, 
print,  or  pictorial  form  shall  be  granted  in  full  measure,  unaffected 
by  repressive  laws  against  the  abuse  of  this  right. 

The  press  must  not  be  placed  under  censorship. 

Offenses  which  are  committed  by  word,  writing,  press,  or  picture 
are  to  be  handled  according  to  existing  criminal  procedure  until 
section  139  comes  into  effect. 

Sec.  44.  All  subjects  are  entitled  without  previous  permission  to 
assemble  peaceably  and  without  weapons. 

For  outdoor  gatherings  the  director  or  leader  must  notify  the 
district  police  authorities  24  hours  in  advance,  w^ho  may  forbid  the 
assembly  if  there  is  sufficient  reason  for  the  assumption  that  it  would 
be  dangerous  to  the  public  safety  or  order. 

Sec.  45.  The  manner  in  which  armed  troops  may  be  used  in  order 
to  maintain  lawful  conditions,  what  authorities  and  under  what 
forms  they  have  to  give  their  orders,  is  to  be  governed  by  legal  pro- 
vision. 

Sec.  46.  All  subjects  shall  have  the  right  to  form  unions  for  such 
purposes  as  do  not  conflict  with  the  penal  laws  or  public  morals. 
Further  information  is  reserved  to  the  legal  regulations. 

The  granting  of  corporate  rights  belongs  to  the  State  administra- 
tion. 

Sec.  47.  Participation  in  gatherings  and  unions  on  the  part  of 
active  military  men,  including  those  on  furlough,  may  take  place 
only  in  so  far  as  provisions  of  military  discipline  do  not  prevent. 

Sec.  48.  Every  citizen  shall  have  the  right  to  appeal  in  writing 
with  requests  or  complaints  to  the  civil  authorities  or  to  the  Diet, 
either  alone  or  in  company  with  several  others. 

Petitions  and  complaints  under  a  general  name  are  granted  only 
to  civil  authorities  or  corporations. 

In  the  case  of  a  person  in  active  military  service,  including  those 
on  furlough,  the  right  of  petition  and  complaint  may  only  be  exer- 
cised according  to  the  provisions  of  military  discipline. 

Sec.  49.  Property  rights  are  inviolable.  Forcible  expropriation, 
out  of  regard  for  the  common  welfare,  can  only  be  undertaken  on 
the  basis  of  the  law  and  in  return  for  just  compensation. 


348  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Intellectual  property  shall  be  protected  by  law. 

Sec.  50.  The  penalty  of  confiscation  of  property  is  forever  abol- 
ished. 

Sec.  51.  The  provisions  for  alienation  and  division  of  landed 
property,  both  among  the  living  with  respect  to  the  deceased,  as  well 
as  concerning  property  boundaries,  are  left  to  legal  regulations. 

Sec.  52.  It  is  admissible  in  the  case  of  property  locked  in  mort- 
main to  pass  legislation  concerning  *  restriction  of  rights  of  inher- 
itance and  disposition  of  real  estate  for  reasons  of  public  welfare. 

Sec.  53.  Every  relation  of  vassalage  or  dependence  is  forever  abol- 
ished. 

Sec.  54.  The  possession  of  property  co^  ers  the  right  to  hunt  on  one's 
own  property.  The  exercise  of  the  hunting  license  is  subject  to  legal 
provisions. 

The  right  to  hunt  on  another's  gi^ounds  may  not  again  in  the  future 
be  construed  as  a  prerogative  attached  to  the  land. 

Sec.  55.  The  establishment  of  new  fiefs  is  forbidden. 

Sec.  56.  All  civil  taxes  and  services  attaching  to  the  land  accord- 
ing to  civil  law  are  redeemable. 

No  property  shall  be  burdened  henceforth  with  unredeemable 
taxes  or  services  according  to  civil  law. 

Sec.  57.  Letters  of  protection,  monoplies,  and  exclusive  trade  and 
manufacturing  privileges,  with  exception  of  patents  of  invention, 
may  not  be  granted. 

Sec.  58.  The  taxes  shall  be  so  regulated  that  preference  for  partic- 
ular ranks  and  properties  shall  not  ensue. 

Permanent  exemption  from  responsibility  in  assuming  State  taxes 
must  not  be  granted. 

Sec.  59.  All  citizens  are  subject  to  military  service.  The  extent 
of  this  duty,  as  well  as  the  manner  of  enlistment  and  the  time  of 
service,  are  fixed  by  law. 

Part  III. — Communes  and  Foundations. 

Sec.  60.  [Sec.  60  is  abolished  by  law  of  April  8,  1879 ;  cf .  note  to 
sec.  23.] 

Sec.  61.  Every  piece  of  property  is  under  the  jurisdiction  of  a 
commune.  Exception  on  account  of  State  and  Crown  properties,  as 
well  as  forests,  shall  be  determined  by  law. 

Sec.  62.  The  relation  of  franchise  and  service  for  possessors  of  such 
property  as  have  not  hitherto  belonged  to  a  communal  association 
with  reference  to  others  of  the  commune  shall  be  decided  by  law. 

Sec.  63.  The  rules  for  the  formation  and  disorganization  of  com- 
munes shall  be  fixed  by  law. 


CONSTITUTION   OF  SAXE-COBURG-GOTHA.  349 

Sec.  64.  The  constitution  of  the  communes  shall  be  so  regulated 
that  they  shall,  under  the  supervision  of  the  State : 

(1)  Choose  their  officers  and  representatives; 

(2)  Independently  govern  their  affairs  and  their  funds  and  publish 
the  decisions  of  their  communal  administration  of  revenue. 

The  competency  of  the  communes  in  respect  to  the  local  police  shall 
also  be  fixed  by  law. 

Sec.  65.  The  communal  funds  and  revenues  can  under  no  assump- 
tion be  incorporated  in  the  State  capital. 

Sec.  66.  All  foundations  which  are  destined  for  religious  purposes, 
for  instruction,  or  for  charitable  purposes  shall  be  under  the  protec- 
tion of  the  State.  Their  funds  or  income  may  not  be  incorporated 
in  the  State  funds;  nor  can  they  be  disposed  of  against  the  will  of 
the  founder. 

Only  in  a  case  where  the  purpose  of  the  foundation  can  no  longer 
be  fulfilled  can  its  appropriation  be  made  for  other  similar  purposes, 
with  previous  knowledge  and  consent  of  the  parties  interested,  in 
case  they  are  known,  and  when  it  concerns  general  public  institutions, 
with  consent  of  the  Diet  concerned. 

Part  IV. — Civil  service. 

Sec.  67.  The  position  of  the  civil  officials  in  the  Duchies  shall  be 
regulated  by  law. 

Sec.  68.  For  losses  caused  to  a  citizen  through  deceit  or  insolent 
offense  of  State  officials  as  such,  the  State  must  be  answerable,  unless 
special  laws  in  certain  cases  determine  a  direct  responsibility,  and  the 
injured  party  may  not  demand  damages  from  the  guilty  official. 

Such  claims  for  damages  on  the  State  shall  be  considered  void  after 
the  expiration  of  five  years  after  the  date  of  the  damaging  circum- 
stance. 

Part  Y.—The  Diets. 

Sec.  69.  Citizens  shall  exercise  their  constitutional  rights  as  a 
whole  through  the  Diets,  or  through  selected  committees  of  the  latter 
(cf.  Part  VI). 

Assemblies  of  the  delegates  chosen  in  constitutional  manner  form 
the  Diets. 

Sec.  70.  For  each  of  the  Duchies  of  Coburg  and  Gotha  there  shall 
exist  a  special  Diet.  In  reference  to  those  relations,  circumstances, 
and  organizations  which  are  declared  common  for  both  Duchies,  a 
Joint  Diet  shall  exercise  the  rights  accruing  to  the  representatives  in 
the  manner  more  exactly  defined  in  Part  VII. 


350  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

All  privileges  accruing  constitutionally  to  the  Diets  (sec.  69),  in 
so  far  as  these  are  not  expressly  assigned  to  the  Joint  Diet,  shall  be 
exercised  through  the  Diets  of  both  Duchies. 

Sec.  71.  As  joint  matters  for  both  Diets  (sec.  70)  are  to  be  con- 
sidered : 

(1)  The  relation  of  the  united  Duchies  to  the  Duke,  with  exception 
of  the  receipts  of  the  Duke  and  the  ducal  family  from  the  State  or 
Crown  funds; 

(2)  All  relations  of  the  Duchies  to  the  State  organism  and  to  for- 
eign States; 

(3)  The  Political  Constitution  (cf.,  however,  sec.  112) ; 

(4)  The  Joint  Diet; 

(5)  The  State  Ministry  (cf.,  however,  sec.  132,  sub  1) ; 

(6)  The  State  Tribunal; 

(7)  Military  Affairs; 

•  (8)  The  Supreme  Court  of  Appeals  and  the  Common  Court  of 
Appeal  to  be  established  according  to  law,  together  with  the  arrange- 
ments in  connection  therewith; 

(9)  Postal  affairs; 

(10)  Taxes,  and 

(11)  The  public  archives. 

Sec.  72.^  Other  matters  and  arrangements  also,  besides  those  desig-> 
nated  in  the  preceding  paragraphs,  may  be  declared  joint  issues  on 
the  authority  or  .with  the  consent  of  the  Duke  by  a  unanimous  vote 
of  the  Diets  of  both  Duchies,  or  by  a  vote  of  the  Joint  Diet  taken 
with  consent  of  the  majority  of  the  delegates  of  each  of  the  two 
Duchies. 

Sec.  73.2  ^j^g  T>\Q,i  of  Coburg  shall  consist  of  11,  and  that  for 
Gotha  of  19  members,  for  the  election  of  whom  detailed  provisions 
are  contained  in  Part  VIII,  particularly  the  Election  Order,  Appen- 
dix I. 

The  members  of  these  two  Diets  form  the  Joint  Diet. 

Sec.  74.^  The  election  of  the  deputies  to  the  Diets  shall  take  place 
once  in  four  years. 

For  the  reckoning  of  this  election  period  the  end  of  the  preceding 
election  period  is  a  guide  in  that  the  one  shall  directly  follow  the 
other. 

Supplementary  elections  shall  take  place  for  the  remaining  por- 
tion of  the  election  period. 

iSecs.  72,  73,  75,  79,  81,  83,  112,  and  114  received  their  present  legal  form  through 
the  law  of  January  31,  1874,  concerning  some  amendments  to  the  Political  Constitulion  of 
May  3,  1852. 

2  For  sees.  73,  75,  79,  81  cf.  note  to  sec.  72. 

»  Sec.  74,  par,  2,  was  newly  worded  by  law  of  April  14,  1902. 


COI^STITUTION   or   SAXE-COBURG-GOTHA.  351 

In  case  the  dissolution  of  the  Diet  ensues  (cf.  sec.  78),  the  legal 
term  of  the  new  Diet  shall  likewise  extend  only  for  the  remaining 
portion  of  the  election  period. 

Sec.  75.^  With  the  termination  of  the  legal  terms,  or  with  the  dis- 
solution of  the  Diet  of  one  of  the  two  Duchies,  the  authority  of  its 
members  with  respect  to  the  Joint  Diet  also  expires  (of.,  however, 
sees.  95  and  158). 

Sfx.  76.  The  Duke  shall  summon  the  Diets  and  designate  the  place 
of  meeting  in  the  respective  Duchy. 

The  Joint  Diet  is  however  as  a  rule  to  be  summoned  for  the  holding 
its  sessions,  alternately  to  Coburg  and  Gotha,  unless  special  reasons 
given  in  the  summons  demand  single  exceptions. 

Sec.  77.  The  Duke  shall  open  the  Diets  either  in  person  or  by  an 
authorized  agent  especially  designated  therefor. 

Sec.  78.  The  Duke  shall  have  the  right  to  adjourn  or  to  dissolve 
the  Diets. 

Sec.  79.^  If  the  Diet  of  one  of  the  two  Duchies  shall  be  dissolved,  a 
new  election  must  be  held  within  14  days,  and  the  new  Diet  must  be 
opened  with  six  months  at  the  longest  from  the  date  of  election. 

The  dissolution  of  the  Joint  Diet  shall  cause  likewise  the  dissolution 
of  the  two  individual  Diets,  and  the  preceding  provision  also  ap- 
plies in  this  case  to  the  conduct  of  the  new  election  of  the  deputies  and 
the  reopening  of  the  Diet. 

Sec.  80.  The  Diet  shall  be  regularly  summoned  in  the  first  and  last 
years  of  the  four-year  period  for  which  the  deputies  are  elected  (cf. 
sec.  74). 

Extraordinary  summons  shall  take  place  whenever  urgent  circum- 
stances demand  it. 

Sec.  81.^  The  Diets  of  the  two  Duchies  must  inspect  the  legality  of 
the  election  of  their  members  and  give  final  decision  thereon,  for 
which  purpose  the  election  reports  of  the  Government  are  to  be  sent 
them. 

Further  information  in  this  matter  is  contained  in  the  Order  of 
Business  (Appendix  II). 

Sec.  82.  The  Diet  shall  choose  its  officers  from  its  own  members. 

Further  information  is  contained  in  the  Order  of  Business  (Ap- 
pendix II). 

Sec.  83.^  The  deputies  upon  their  entrance  into  the  Diets  shall  take 
the  following  oath : 

I  swear  that  I  will  protect  the  Constitution  faithfully  and  watch  over  the 
welfare  of  the  Duke  and  the  State  according  to  my  best  knowledge  and  con- 
science.   So  help  me  God. 

1  Cf.  note  to  sec.  72. 


352  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

A  repetition  of  this  oath  is  not  necessary  at  the  entrance  of  the  two 
Diets  into  the  Joint  Diet. 

Sec.  84.  The  deputies  are  representatives  of  the  citizens  in  general, 
not  of  their  own  election  districts  as  such,  or  of  single  classes  of 
people.  They  shall  vote  according  to  their  free  conviction  and  are 
not  obliged  to  take  any  instructions  from  their  electors.  The  legal 
duration  of  their  term  of  office  may  not  be  restricted  at  the  will  of 
their  electors. 

Sec.  85.  No  deputy  can  be  called  to  account  outside  of  the  Diet  for 
any  utterances  in  the  exercise  of  his  duties. 

On  account  of  any  ojffense  or  misdemeanor  committed' through 
such  utterances,  the  Diet  can  formally  express  its  disapproval  or  on 
proposal  of  the  interested  party,  and  it  may  refer  the  case  to  court  for 
criminal  procedure. 

No  one  may  be  called  into  question  on  account  of  his  vote. 

Sec.  86.  No  deputy  may  be  arrested  during  the  assembly  of  the 
Diet  without  its  consent,  except  in  case  he  is  apprehended  in  the  very 
act.    In  such  case  notice  must  be  given  to  the  Diet  of  said  arrest. 

Sec.  87.  Exit  from  the  Diets  is  at  all  times  free  to  the  deputies 
(cf.  sec.  85  of  the  Order  of  Business,  App.  II). 

Sec.  88.  For  the  validity  of  a  decree  passed  by  one  of  the  Diets, 
unless  for  special  cases  something  different  is  designated,  there  are 
required  the  presence  and  participation  of  at  least  two-thirds  of  the 
total  statutory  number  of  members  of  the  respective  Diet  and  the 
/Majority  vote  of  more  than  half  of  the  votes  cast. 

In  order  to  insure  a  quorum  of  the  Diet  when  such  quorum  is  not 
present,  the  deputies  present,  in  case  they  form  the  majority  of  the 
total  statutory  members  of  the  Diet,  shall  be  authorized  to  summon 
the  members  who  are  absent  without  sufficient  excuse  to  appear  after 
a  short  interval  appointed,  and  after  the  lapse  of  this  interval  they 
itiay  transact  the  business  of  the  Diet. 

The  members  present  shall  decide  upon  the  importance  of  the 
vixcuses  offered. 

Sec.  89.  The  sessions  of  the  Diet  shall  ordinarily  be  public. 

Exceptions  may  be  made  when  a  Diet  so  decrees  on  request  of  the 
State  Ministry,  or  of  a  third  of  the  members  present,  or  of  the  presi- 
dent, or  of  a  commission,  in  accordance  with  the  Order  of  Business 
(App.  II,  sec.  47). 

Sec.  90.  The  deputies  of  the  Diet  shall  draw  fees  and  traveling 
expenses.    Details  are  stated  in  the  Order  of  Business  (App.  II). 

Part  VI. — Diet  committees. 

Sec.  91.  For  every  Diet  there  shall  exist  a  committee  whose  duties 
begin  when  the  respective  Diet  is  no  longer  in  session. 


CONSTITUTION   OF   SAXE-COBUKG-GOTHA.  353 

Sec.  92.  The  committee  of  every  Diet  shall  consist  of:  (1)  The 
president  and  secretary;  (2)  three  other  members. 

The  latter  and  three  substitutes  therefor  shall  be  elected  by  major- 
ity vote  by  every  Diet  during  its  first  meeting. 

The  election  of  these  three  members  and  their  substitutes  for  the 
committee  of  the  Joint  Diet  shall  be  so  arranged  that  three  of  the 
five  members  shall  always  belong  to  the  Duchy  of  Gotha  and  two  to 
the  Duchy  of  Coburg. 

The  president  of  the  Diet  shall  be  likewise  chairman  of  the  com- 
mittee. 

His  substitute  in  case  of  his  withdrawal  or  absence  for  any  reason 
shall  be  chosen  by  the  committee  from  their  own  number. 

Sec.  93.  The  sessions  of  the  Coburg  committee  shall  be  held  in 
Coburg,  those  of  the  Gotha  committee  in  Gotha. 

The  committee  of  the  Joint  Diet  shall  hold  its  sessions  with  as 
regular  an  alternation  as  possible  in  Coburg  or  Gotha. 

Sec.  94.  The  activity  of  each  (ommittee  ceases  with  the  convening 
of  the  respective  Diet.  Unless  this  Diet  is  a  newly  elected  one,  the 
authority  of  the  committee  members  expires  with  its  opening.  The 
new  Diet  is  authorized  to  require  information  and  ac:ounts  of  its 
business  from  the  previous  committee. 

Sec.  95.  The  committee  continues  even  when  the  dissolution  of  the 
respective  Diet  ensues. 

Sec.  96.  The  members  of  the  committees,  during  the  assembly  of 
the  latter,  have  the  same  rights  which  appertain  to  the  deputies  of 
the  Diet  according  to  sections  85  and  86. 

Sec.  97.  The  duties  of  the  committees,  each  within  the  competency 
of  its  respective  Diet,  shall  be : 

(1)  To  watch  that  nothing  shall  take  place  contrary  to  the  Con- 
stitution, and  for  the  support  of  the  same  to  exercise  all  rights  accru- 
ing constitutionally  to  the  Diet ; 

(2)  To  declare  their  opinion  on  the  rules  of  the  administratioji 
in  the  cases  noted  in  sections  118  and  131 ; 

(3)  To  express  an  expert  opinion  at  the  request  of  the  Government 
upon  objects  of  legislation  and  administration  and  in  general  to 
prepare  the  business  of  the  Diets ; 

(4)  To  detect  the  exceeding  of  individual  items  in  the  budget 
of  the  State  Treasury,  and  also  to  take  account  of  the  final  balance 
and  the  annual  reports  of  the  latter  and  to  give  a  definite  opinion  on 
the  Government  bills  relating  thereto,  unless  at  least  two  members 
of  the  committee  consider  it  necessary  for  the  respective  Diet  to  ex- 
amine and  decide  thereon ; 

(5)  To  exercise  the  right  of  submitting  petitions,  proposals,  and 
complaints  within  the  limits  assigned  to  the  Diets. 

92975—19 23 


354  -       CONSTITUTIONS   OF    THE   GERMAN   STATES. 

Sec.  98.  The  committees  shall  meet  at  the  call  of  their  chairmen. 

Every  committee  has  the  right  to  meet  once  a  year  after  previous 
notice  to  the  Duke. 

The  prolonging  of  this  session  beyond  four  weeks,  as  well  as  fur- 
ther meetings,  can  only  take  place  upon  the  order  or  with  the  consent 
of  the  Duke. 

It  is  moreover  left  to  the  chairman  to  dispatch  single  items  of  busi- 
ness on  receipt  of  the  written  statements  of  the  committee  members 
unless  objection  is  raised  thereto  by  one  or  more  of  them. 

Sec.  99.  The  meetings  of  the  committees  are  not  public.  The  keep- 
ing of  the  minutes  shall  be  the  duty  of  the  respective  recorder  (cf., 
sec.  29  of  the  Order  of  Business,  App.  II). 

Sec.  100.  In  voting,  majority  of  votes  cast  shall  be  decisive,  reck- 
oned according  to  the  total  statutory  number  of  committee  members, 
assuming  the  proper  summons  of  all  members  and  the  presence  of  at 
least  three  of  them  (cf.,  however,  sec.  97,  par.  4). 

Sec.  101.  The  business  relation  between  the  administration  and  the 
committees  shall  be  provided  through  the  chairmen  of  the  latter. 

Sec.  102.  Every  committee  must  give  a  report  of  its  activity  to  the 
Diet  by  which  it  was  chosen  at  its  next  meeting,  if  requested  thereby 
(cf.  also  sec.  94). 

Sec.  103.  At  the  meetings  of  the  committees  all  their  members  may 
claim  their  compensation  for  traveling  expenses  and  the  fees  due  the 
deputies.  The  chairmen  shall  receive  a  corresponding  compensation 
for  their  unavoidable  additional  expenditure  in  time  and  money,  the 
amount  of  which  the  administration  and  the  respective  Diet  shall 
agree  upon. 

Part  VII. — The  exercise  of  supreirve  power. 

Sec.  104.  The  legislative  power  shall  be  exercised  by  the  Duke 
jointly  with  the  Diets,  in  accordance  with  provisions  contained  in  the 
Constitution. 

Sec.  105.  Both  the  Duke  and  the  Diets  shall  have  the  right  to  pro- 
pose laws. 

Sec.  106.  For  the  validity  of  a  law  is  required  the  conformity  of  its 
contents  with  the  decisions  of  the  respective  Diet. 

No  law  can,  without  consent  of  the  respective  Diet,  be  suspended, 
repealed,  amended,  or  authoritatively  interpreted  by  the  Duke. 

Sec.  lOT.  Every  decision  of  a  Diet  must  have  the  ratification  of 
the  Duke  in  order  to  acquire  legal  force. 

Sec.  108.  The  Duke  shall  publish  the  laws. 

The  essential  form  of  the  law  reqiiires  mention  of  the  consent  of 
the  Diet  thereto  in  the  words  of  the  publication. 

Sec.  109.  The  ratification  of  the  laws  passed  by  the  Diets  shall  be 
considered  as  refused  when  the  publication  of  the  same  shall  not 


CONSTITUTION  OF  SAXE-COBURG-GOTHA.  355 

follow  within  eight  weeks  from  the  time  when  the  administration 
was  notified  thereof. 

Sec.  110.  Every  law  shall  go  into  force  on  the  fourth  day  after 
that  on  which  its  publication  appeared  in  the  Government  paper  un- 
less another  date  is  expressly  fixed. 

Sec.  111.  Within  the  competency  of  the  Joint  Diet  belongs  the  fol- 
lowing legislation : 

(a)  That  dealing  with  the  general  matters  and  provisions  men- 
tioned in  section  71,  and  furthermore  the  subjects  declared  as  joint 
matters  (sec.  72)  (cf.,  however,  sees.  112  and  113) ; 

(h)  That  dealing  with  civil  service,  and 

(c)  pertaining  to  changes  in  the  organization  of  local  adminis- 
trative boards,  if  in  consequence  one  board  might  be  moved  from  one 
Duchy  to  another,  or  with  reference  to  functions  which,  although  be- 
longing to  a  board  in  one  Duchy,  might  have  been  ti'ansferred  to  a 
board  in  the  other  Duchy  (cf.,  however,  sec.  112). 

Sec.  112.^  The  consent  of  the  majority  of  deputies  of  each  of  the 
two  Duchies  is  required  for  the  validity  of  decisions  of  the  Joint  Diet 
in  regard  to  amendments  to  the  Political  Constitution  and  to  other 
constitutional  provisions  designated  as  integral  parts  of  the  same,  as 
well  as  decisions  in  regard  to  changes  in  the  organization  of  boards 
(sec.  Ill,  sub  c.) 

The  foregoing  provision  has,  however,  no  application  to  the  elec- 
tion order  (App.  I),  to  the  order  of  business  (App.  II),  and  likewise 
to  the  law  for  civil  service. 

Sec.  113.  The  alienation  of  single  pieces  of  territory  and  acquiring 
of  new  territory  must  both  be  matters  of  amendment  to  the  Political 
Constitution,  and  the  provision  of  section  112  has  no  application 
thereto. 

Sec.  114.-  The  Joint  Diet  is  empowered  to  go  into  conference  also 
in  regard  to  other  matters  of  legislation  than  those  designated  in 
section  111,  when  the  majority  of  deputies  of  each  of  the  two  Diets 
have  declared  themselves  agreed  thereto. 

In  such  cases,  however,  after  the  conference  and  decision  upon  the 
single  provisions  of  the  law,  there  shall  always  be  taken  a  final  vote 
upon  the  law  as  a  whole,  and  the  latter  is  considered  valid  only  when 
the  majority  of  deputies  of  each  of  the  two  Diets  has  voted  therefor. 

Sec.  115.  If  doubt  shall  be  raised  in  the  Joint  Diet  in  regard  to  its 
competency  on  some  subject  submitted  for  its  consideration,  such 
competency  shall  be  considered  established  when  the  majority  of  the 
deputies  of  each  of  both  Duchies  has  declared  for  it  in  the  Joint 
Diet. 

iFor  sec.  112  cf.  note  to  sec.  72. 
2  For  sec.   114  cf.  note  to  sec.  72. 


356  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

If,  however,  the  majority  of  the  deputies  of  one  Duchy  who  an 
present  vote  that  the  subject  belongs  to  the  competency  of  the  singh 
Diet,  then  the  question  must  be  referred  to  a  court  of  arbitration,  upor 
which  the  deputies  of  both  Duchies  must  agree. 

If  the  agreement  on  the  court  of  arbitration  is  not  made  withir 
14  days,  the  question  is  before  the  civil  court,  and  until  then,  in  cas( 
such  court  must  be  appointed  by  law,  it  must  be  brought  before  th( 
Supreme  Court  at  Jena. 

In  both  cases  the  decision  is  to  be  applied  for  through  the  civi' 
Government,  the  deputies  of  each  Duchy  being  allowed,  however,  t( 
append  a  statement  in  support  of  their  views. 

Sec.  116.  The  Joint  Diet  shall  have,  moreover,  the  duty  of  under 
taking,  on  recommendation  of  the  Government,  the  preliminary  ex 
amination  and  judgment  of  the  drafts  of  such  bills  and  all  other  legis 
lative  proposals  as  belong  to  the  competency  of  the  Diet  of  each  Duchj 
and  which  the  Government  intends  to  bring  before  them. 

Sec.  117.  The  alienation  or  mortgaging  of  parcels  of  public  oi 
Crown  property,  with  the  exception  of  insignificant  cases,  the  changes 
with  reference  to  the  previous  divisions  of  the  country  into  depart 
ments  and  administrative  districts  are  to  be  treated  as  subjects  foi 
legislation. 

The  Government  shall  inform  the  respective  Diet  at  its  next  meet- 
ing of  the  alienation  or  mortgaging  of  public  or  Crown  property 
ensuing  in  the  aforementioned  exceptional  cases. 

Sec.  118.  The  granting  of  taxes  in  general,  as  vvell  as  the  impo 
sition  of  or  change  in  all  public  imposts,  taking  of  loans  on  the  public 
treasury,  the  making  of  paper  money  of  all  kinds,  the  raising  and 
lowering  of  the  rate  of  interest  of  the  national  debt  in  internal  loans 
as  well  as  the  liquidation  of  debts,  are  subjects  of  legislation  for  th< 
Diet  of  each  Duchy. 

Within  the  limits  of  the  debt  which  pays  interest  according  to  the 
treasury  budget,  or  of  a  debt  running  through  the  financial  period 
agreed  upon  with  the  Diets,  or  of  special  credit  granted  by  the  lattei 
in  single  instances,  a  change  in  the  person  of  the  creditors  may  be 
made  at  any  time,  and  the  treasury  transactions  in  such  case  shall 
not  be  considered  new  loans. 

By  way  of  exception  the  Government  is  authorized  to  take  new 
loans  even  without  the  consent  of  the  Diets,  only,  however,  in  agree- 
ment with  the  Diet  Committee  of  the  respective  Duchy,  when  the 
matter  is  necessary  and  urgent,  and  when  through  taking  up  of  the 
loan  a  loss  which  urgently  threatens  the  treasury  may  be  avoided. 

Sec.  119.^  The  budget  of  the  administration  of  revenue  as  well^S 
the  determination  of  the  salary  budgets  in  the  different  branches  oi 

^  Sec.  119,  par.  1,  sentence  2  :  The  financial  period  was  reduced  from  four  to  two  yeani 
beginning  with  April  1,  by  law  of  April  14,  1902. 


CONSTITUTION  OF  SAXE-COBURG-GOTHA.  357 

the  Government  as  a  guidance  for  future  official  appointments  are 
subjects  of  legislation.  The  budget  for  each  of  the  two  Duchies  shall 
be  determined  upon  beforehand  with  its  respective  Diet  for  regular 
periods  of  two  years  each,  beginning  at  the  same  time  for  both 
Duchies,  according  to  the  total  public  income  and  disbursements  (cf ., 
however,  sec.  120). 

The  budget  shall  contain  the  granting  of  all  taxes  and  duties 
limited  to  this  period  (cf.,  however,  sec.  126). 

If  this  determination  of  budget  should  by  way  of  exception  con- 
tinue for  a  short  time  only,  then  the  following  budget  is  to  be  effec- 
tive only  for  the  remaining  portion  of  the  financial  period. 

The  same  shall  hold  true  for  the  case  mentioned  in  section  126. 

Sec.  120.  Relative  to  the  joint  matters  (sees.  71  and  72)  there 
follows  the  agreement  with  the  Joint  Diet  on  the  respective  budget 
items.  The  Diet  of  the  two  Duchies,  each  within  its  own  com- 
petency, shall  in  their  expense  budgets  adjust  the  funds  granted  by 
the  Joint  Diet  according  to  the  proportion  of  3/10  for  Coburg  and 
7/10  for  Gotha,  like  the  totals  agreed  upon,  and  to  make  due  remit- 
tances, respectively,  through  corresponding  receipts. 

The  supervision  of  keeping  within  the  budget  items  agreed  upon 
devolves  upon  the  Joint  Diet  or  its  committees. 

Sec.  121.  Upon  the  basis  of  the  budget  of  each  Duchy  will  the  tax 
law  be  enacted  therefor  (cf.,  however,  sec.  126). 

Sec.  122.  To  the  Diets  or  the  Diet  committees  shall  be  annually 
reported  the  final  balance  of  the  treasuries,  and  when  the  final  ac- 
counts of  the  year  are  adjusted  and  settled,  these,  too,  shall  be  re- 
ported to  them,  together  with  the  vouchers  for  examination. 

At  first  the  final  balances  or  the  annual  balances  of  the  public 
treasuries  in  Coburg  and  Gotha  shall  be  submitted  to  the  Joint  Diet 
or  its  committees.  Their  examination  shall  be  limited  to  those  sec- 
tions of  the  budget  which  were  agreed  upon  with  the  Joint  Diet,  and 
the  amounts  reckoned  thereon. 

Then  shall  follow  the  report  of  the  final  or  annual  balance  to  the 
respective  Diet  of  each  Duchy  or  to  its  committee,  by  whom  the 
amounts  reckoned  on  the  other  sections  shall  be  examined  in  com- 
parison with  the  amounts  in  the  budget. 

The  provisions  for  a  mutual  settlement  of  the  treasury  accounts 
in  Coburg  and  Gotha,  the  keeping  of  the  common  vouchers,  and  the 
forms  governing  the  joint  system  of  accounts  in  general  shall  be 
provided  for  by  Government  enactments. 

Sec.  123.  The  surplus  income  in  the  trieasury  can  only  be  disposed 
of  by  agreement  with  the  respective  Diet.  The  balance  on  hand  from 
former  years  shall  be  added  to  the  surplus  income.  When,  however, 
expenditures  estimated  for  past  years  still  remain  on  hand  and  are 
miscalculated   as  surplus,  they  can  not  be  thus  disposed  of.     If 


358  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

through  such  miscalculation  an  overdrawing  of  the  respective  budget 
items  of  the  former  year  should  be  made,  section  124  shall  apply. 

Sec.  124.  Overdrawing  of  the  budget  requires  the  additional  ap- 
proval of  the  respective  Diet  or  its  Diet  Committee.  This  approval 
can  not  be  denied  in  case  it  is  proved  necessary  and  urgent. 

Sec.  125.  If  it  is  not  possible  to  come  to  an  agreement  w^ith  the 
Joint  Diet  over  the  estimated  budget  amount  proposed  for  the  follow- 
ing financial  or  budget  period,  and  the  preceding  financial  period  has 
expired,  then  the  previous  budget  estimate  shall  be  considered  as 
extended  for  another  year. 

Sec.  126.  When  it  is  not  possible  to  come  to  an  agreement  with  the 
Diet  of  one  of  the  Duchies  over  the  treasury  budget  proposed  for  the 
following  financial  or  budget  period,  with  reference  to  the  amount  of 
income  and  expenditure  appertaining  thereto,  and  the  preceding 
financial  period  has  expired,  then  the  previous  amount  of  income  and 
expenditure  and  the  tax  law  hitherto  valid  are  to  be  considered  as 
extended  for  one  year. 

If,  however,  in  such  a  case  a  new  agreement  is  found  with  the 
Joint  Diet  within  its  competency,  then  in  consequence  of  this  agree- 
ment any  deficiency  required  shall  be  covered  out  of  the  balance  on 
hand,  unless  the  Diet  should  prefer  to  raise  the  deficiency  by  the  levy 
of  a  tax  or  otherwise. 

Sec.  127.  The  Diets  are  not  authorized  to  apply  their  right  of  vote 
to  conditions  which  do  not  concern  their  purpose  or  use. 

Sec.  128.  The  Duke  shall  exercise  the  executive  power  in  constitu- 
tional form,  shall  specifically  make  the  necessary  provisions  for 
putting  the  laws  into  execution,  name  all  State  officials,  guide  and 
guard  the  entire  administration,  conclude  treaties  with  other  States, 
shall  exercise  the  right  of  bestowing  honors,  degrees,  and  dispensa- 
tions in  so  far  as  this  privilege  is  not  limited  by  special  legal  pro- 
visions. 

The  consent  of  the  respective  Diet  is  necessary  for  the  validity  of 
treaties  concluded  with  other  States,  when  thereby  new  burdens  would 
be  laid  upon  the  State  or  on  single  individuals  or  when  laws  are  to  be 
made,  amended,  or  repealed.  Such  treaties  are  to  be  published  as 
laws. 

Sec.  129.  The  Duke  shall  grant  yearly  pensions,  gifts,  and  relief 
at  expense  of  the  treasury  only  within  the  limits  of  the  budget  esti- 
mates. 

Sec.  130.  Only  in  case  the  maintenance  of  the  public  safety  or  the 
removal  of  an  unusual  need  urgently  demands  it,  and  the  respective 
Diet  is  not  in  session,  can  orders  with  legal  force  be  given  which  do 
not  conflict  with  the  Constitution,  with  reservation  expressly  made  at 
their  announcement,  of  the  subsequent  ratification  by  the  respective 
Diet.     Such  orders  are,  however,  to  be  submitted  for  subsequent  rati- 


COI^STITUTION^   OF  SAXE-COBURG-GOTHA.  359 

fication  to  the  respective  Diet  immediately  upon  its  next  meeting,  to- 
gether with  proof  of  their  urgency  and  expediency.  If  they  fail  to 
be  ratified,  the  orders  lose  their  power  forthwith. 

Sec.  131.  In  case  of  a  war  or  uprising  the  legal  provisions  concern- 
ing arrest,  search  warrant,  and  holding  of  public  meetings  with 
consent  of  the  respective  Diet  or  Diet  Committee,  can  be  temporarily 
declared  invalid.  In  the  latter  case  the  respective  Diet  shall  be  con- 
vened within  14  days  and  the  measures  taken  are  to  be  submitted  to  it 
for  approval. 

Sec.  132.  The  Diets,  each  within  its  own  competency,  are  author- 
ized— 

(l)To  bring  accusation  for  violations  of  the  Constitution  on  the 
part  of  civil  servants; 

(2)  To  make  protest  to  the  Government  in  regard  to  any  irregu- 
larities or  misuse  of  the  State  administration  or  administration  of 
justice ; 

(3)  To  demand  from  the  administration  the  ascertainment  and  ex- 
planation of  actual  conditions  in  all  cases  where  such  knowledge 
seems  to  them  desirable  or  necessary  for  the  exercise  of  their  consti- 
tutional power; 

(4)  To  present  to  the  administration,  without  detriment  to  their 
own  rights  in  reference  to  the  legislation,  their  wishes  and  desires 
in  regard  to  promoting  the  welfare  of  the  country  or  improving  the 
legislation. 

Sec.  133.  The  Diets  are  furthermore  authorized,  eack  within  its 
own  competency,  to  receive  from  private  persons  complaints  concern- 
ing incidental  injuries  occurring  to  them  through  Government  enact- 
ments, and  also  to  use  their  influence  with  the  administration  for  the 
adjustment  of  such  complaints,  provided — 

(1)  These  complaints  are  presented  in  writing; 

(2)  Said  complaints  have  previously  taken  the  course  of  legal 
appeal  to  the  highest  public  authorities. 

Sec.  134.  The  judiciary  poAver  shall  be  exercised  in  the  name  of 
the  Duke  and  under  his  supervision  and  through  the  courts  and 
judiciary  officials,  unless  the  laws  designate  an  exception  for  special 
cases. 

Sec.^  135.  Judges  shall  be  independent  and  subject  to  no  other 
authority  except  that  of  the  law. 

Arbitrary  administration  of  justice  shall  be  unlawful. 

Sec.  136.  No  patrimonial  jurisdiction  shall  exist. 

Sec.  137.  The  administration  of  justice  shall  be  separate  from  the 
Government.     Exceptions  shall  be  determined  by  law. 

Sec.  138.  Privileged  coui'ts  for  persons  and  property  are  abolished, 
with  exception  of  the  military  jurisdiction. 


360  CONSTITUTIOISrS  OF    THE   GERMAN    STATES. 

The  court  for  members  of  the  Ducal  House  shall  be  regulated  by 
a  special  law. 

Sec.  139.  In  criminal  cases  the  procedure  shall  be,  as  a  rule,  public 
and  oral,  and  procedure  of  indictment  shall  be  conducted. 

In  more  serious  cases  judgment  shall  be  by  jury  trial.  Such  cases 
shall  be  designated  by  law. 

Sec.  140.  It  shall  be  within  the  power  of  the  Duke  to  annul  or  to 
mitigate  a  court  judgment,  also  to  cause  proceedings  against  the 
accused  to  be  stopped  or  interrupted,  even  before  the  offense  or 
transgression  has  been  inquired  into  or  the  penalty  pronounced  (cf., 
however,  sec.  176). 

Sec.  141.  The  limits  of  penal  authority  of  the  police  shall  be  fixed 
by  law. 

Sec.  142.^  A  special  commission  shall  decide  upon  conflicts  between 
civil  and  judicial  authorities. 

Part  VIII. — The.  election  of  deputies  to  the  Diets  of  the  two  Duchies, 

Sec.  143.  The  elections  of  the  deputies  to  the  Diets  of  both  Duchies 
shall  take  place  through  delegates. 

Sec.  144.  The  delegates  shall  be  elected  by  the  enfranchised  general 
electors  from  their  own  number. 

Sec.  145.  For  the  purpose  of  election  of  delegates  the  Duchy  of 
Coburg  shall  be  divided  into  11  and  the  Duchy  of  Gotha  into  19 
election  districts.  Further  details  on  this  point  are  described  by  the 
Order  of  Election  (App.  I). 

Sec.  146.2  Every  blameless  male  citizen  is  entitled  to  vote  who  has 
completed  his  twenty-fifth  year,  who  has  had  to  pay  a  Government 
tax  since  the  beginning  of  the  j^ear  preceding  the  notice  of  election, 
and  is  not  one  year  in  arrears  with  his  taxes  at  the  time  the  election 
list  is  published. 

Sec.  147.  As  dependent  are  excluded  from  the  election  those  persons 
nientioned  in  section  27. 

Sec.  148.  As  not  blameless  are  excluded  from  the  right  to  vote  the 
following : 

Those  who  have  been  legally  and  duly  sentenced  on  account  of  an 
offense  considered  dishonorable  according  to  legal  precepts  or  gen- 
eral opinion ;  iti  every  case,  however,  those  who  have  been  sentenced 
to  the  penitentiary  on  account  of  a  common  offense. 

The  franchise  may  be  renewed,  however,  when  10  years  have 
elapsed  since  the  judicial  sentence  has  been  served  or  shortened  by 
pardon  or  entirely  annulled. 

iThe  law  of  April  8,  1870,  concerning' the  decision  of  controversies  between  judicial 
and  civil  authorities  over  the  admissibility  of  taking  legal  steps  abolished  par.  2  of  sec. 
142, 

*  By  law  of  March  17,  1911,  the  word  "  Independent  "  was  stricken  out  after  "  every  " 
in  sec.  140,  line  1. 


CONSTITUTION   OF  SAXE- COBURG-GOTHA.  361 

Sec.  149.  The  loss  of  franchise  for  a  period  of  from  4  to  10  years 
shall  be  expressly  pronounced  by  legal  judgment,  without  detracting 
from  the  sentence  otherwise  incurred,  against  those  persons  who  have 
sold  their  votes  at  election,  bought  votes  for  themselves  or  others, 
or  who  have  voted  more  than  dnce  at  the  same  election,  or  who  have 
in  general  used  unlawful  means  for  influencing  the  election. 

In  particular  those  persons  shall  be  declared  to  have  forfeited  their 
franchise  for  from  4  to  10  years  who  have  endeavored  to  influence 
the  elections  by  threats  of  withdrawal  of  work,  by  promises  the 
fulfilment  of  which  presupposes  the  bringing  about  of  an  unlawful 
condition,  or  who  have  been  guilty  of  unlawful  dealings  for  the 
purpose  of  wreaking  vengeance  upon  a  certain  person  in  connection 
with  the  result  of  an  election. 

Sec.  150.  The  franchise  may  be  exercised  only  in  person. 

Sec.  151.  The  franchise  shall  be  exercised  by  each  enfranchised 
citizen  only  in  that  election  district  in  which  he  resides. 

Sec.  152.  The  delegates  of  each  election  district  shall  elect  one 
deputy. 

Sec.  153.  Every  legal  voter  (cf.  sec.  146  ff.)  who  has  completed  his 
thirtieth  year  shall  be  eligible  as  a  deputy.  However,  the  official 
conducting  the  election,  together  with  the  clerk  of  the  courts,  shall 
not  be  eligible  in  the  respective  election  district  (cf.  also  sec.  3,  Order 
of  Business,  App.  II). 

Sec.  154.  Persons  who  are  in  direct  civil  service,  when  elected  as 
deputies,  shall  show  their  acceptance  to  their  superior  officials  in 
order  that  provision  may  be  made  for  the  temporary  administration 
of  their  office.  Persons  in  active  military  service  must  have  a  fur- 
lough from  their  superior  officers  for  entrance  into  the  Diet.  A 
furlough  once  given  to  such  person  can  not  be  taken  back  without 
consent  of  the  respective  Diet. 

Sec.  155.  The  order  of  election  (App.  I)  contains  further  provi- 
sions in  regard  to  elections. 

Part  IX. — The  Protection  of  the  Constitution. 

Sec.  156.  Except  by  law,  nothing  can  be  changed  in  the  political 
Constitution  and  in  the  provisions  designated  as  integral  parts  thereof. 

Sec.  157.  Before  exercising  the  constitutionally  sovereign  rights,  the 
Duke,  and  should  the  case  arise,  the  governor  and  the  administrator, 
must  execute  in  a  written  document  the  following  sworn  assurance : 

I  swear  that  I  will  always  conseieiitiously  observe  and  powerfully  protect  the 
Constitution  of  the  Duchies  Coburg  and  Gotha, 

The  original  of  the  document  shall  be  handed  over  to  the  archives 
of  the  Joint  Diet.  An  authentic  copy  of  it  shall  be  placed  in  the 
State  archives. 


362  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Sec.  158.  If  the  Duke  dies,  or  if  the  office  of  governor  or  administra- - 
tor  is  vacated,  the  Joint  Diet  shall  assemble  at  Gotha  without  sum- 
mons if  it  is  not  immediately  summoned,  by  the  fourth  day  at  the 
latest,  in  order  to  receive  the  constitutional  oath  to  be  executed  by 
the  successor,  governor,  or  administrator. 

If  such  a  case  should  arise  just  at  the  time  when  the  power  of  the- 
Joint  Diet  last  summoned  had  expired  and  the  immediate  summons 
of  the  new  Diet  can  not  yet  be  made  possible,  the  members  of  tho 
Joint  Diet  just  previously  summoned  shall  gather  for  aforesaid 
purpose. 

Sec.  159.  Before  the  constitutional  vow  in  documentary  form  has- 
been  handed  over  to  the  Joint  Diet,  the  Duke,  governor,  or  admin- 
istrator can  undertake  no  administrative  business.     In  the  interval 
the  necessary  transactions  shall  be  executed  by  the  Ministry. 

In  what  form  this  shall  be  done  shall  be  fixed  by  law. 

Sec.  160.  Furthermore,  the  Joint  Diet  shall  immediately  convene, 
according  to  the  provisions  of  section  158,  if  the  ducal  Saxon  family 
of  Ernest  should  cease  to  rule  over  the  Duchies,  in  order  to  protecl 
the  general  and  special  interests  of  both  Duchies,  particularly  also- 
with  respect  to  the  public  property  and  the  Crown  and  domain 
possessions. 

Sec.  161.  All  State  officials,  upon  installation,  shUU  swear  to  fulfil 
their  faithful  duty  to  the  contents  of  the  Political  Constitution  and! 
the  maintenance  thereof. 

Sec.  162.  All  State  officials  are  responsible  for  the  constitutionality 
of  their  official  transactions. 

Sec.  163.  State  officials  who  act  contrary  to  the  provisions  of  the 
Political  Constitution  or  of  the  law  declared  to  be  an  integral  part 
of  the  Constitution,  make  themselves  guilty  of  the  offense  of  breach 
of  Constitution. 

Sec.  164.  The  degree  of  penalty  for  such  offense  shall  be  deter- 
mined according  to  the  extent  of  evil  intention  and  guilt,  according 
to  the  extent  and  compass  of  damage  done  and  the  legal  rules  for 
compensation  therefor. 

The  penalties  shall  consist  in  reprimand,  suspension,  retirement 
from  office  with  or  without  pension,  Avith  or  without  reservation  for 
reinstatement  in  service,  and  finally  removal  from  office. 

Sec.  165.  Each  Diet  within  its  own  competency  is  authorized  to- 
charge  State  officials  with  breach  of  the  Constitution.  The  same  right 
shall  belong  to  the  committees  of  the  Diets  (cf.  sees.  97  and  132). 

The  chairmen  of  these  committees  are  authorized  to  convene  the- 
latter  after  giving  previous  notice  to  the  State  Ministry  as  a  prelimi- 
nary step  to  bringing  accusation  or  complaints. 

Sec.  166.  The  accused  can  free  himself  from  the  accusation  that 
he  has  acted  in  accordance  with  an  order  from  his  competent  su- 
periors issued  to  him  in  due  form. 


CONSTITUTION  OF  SAXE-COBURG-GOTHA.  365 

Sec.  167.  In  order  to  acquire  due  form  for  all  orders  in  State  mat- 
ters which  the  Duke  signs  or  which  are  issued  in  his  name  on  a 
special  order  it  is  requisite  that  said  orders  shall  be  countersigned 
by  a  member  of  the  State  Ministry  on  the  original  copy  or  otherwise 
signed  (cf.  sec.  22). 

Sec.  168.  The  member  of  the  Ministry  who  countersigns  or  signs 
the  original  copy  of  the  order  is  responsible  for  its  constitutionality 
without  issuing  the  summons  at  the  Duke's  commaivi. 

Sec.  169.  The  complaint  mentioned  in  section  165  can  only  then  b& 
brought  when  the  respective  Diet  or  Diet  committee  (sec.  165)  has 
stated  to  the  Duke  the  accusation  of  breach  of  the  Constitution  and 
the  accusation  is  not  redressed  to  the  latter's  satisfaction  within  one 
month  from  the  date  of  such  statement. 

Sec.  170.  The  complaint  shall  be  brought  to  a  court  appointed  by 
law  and  decided  by  it. 

Sec.  171.  Until  the  court  is  appointed  by  law  and  the  case  decided 
thereby,  the  supreme  appellate  tribunal  at  Jena  shall  take  its  place. 
This  court  shall  be  clothed  for  this  case  with  all  rights  and  duties  of 
a  court  of  inquiry,  shall  examine  the  casQ  according  to  the  principles 
and  rules  of  the  procedure  of  indictment  and  pronounce  sentence 
according  to  the  evidence  for  or  against  the  accused. 

Against  the  sentence  of  this  Supreme  Appellate  Court  only  the 
recourse  of  a  new  trial  (revision)  by  the  Supreme  Court  can  be  made, 
and  this  only  by  the  defendant  and  only  within  30  days  from  its 
publication.  The  defendant  is  allowed,  within  a  certain  time — of  6 
weeks — from  the  date  of  revision,  to  bring  a  statement  of  his  objec- 
tions, which  is  handed  to  the  plaintiff  for  his  answer  within  like  6 
weeks'  interval,  to  be  recl«oned  from  the  filing  of  indictment.  After 
the  receipt  of  the  papers,  or  in  default  of  the  same  at  the  expiration 
of  the  time  set,  the  Supreme  Appellate  Court  shall  pronounce  the 
second  and  last  sentence,  for  which  a  new  referee  and  a  coreferee 
shall  be  appointed,  a  written  report  worked  out  by  each  one 'without 
either  seeing  that  of  the  other,  and  then  voted  on  in  writing  by  each 
member  outside  of  the  Diet  session. 

The  Supreme  Appellate  Court  shall  inform  the  accused  as  well  as 
the  accusing  Diet,  or  its  committee,  of  the  judgment,  with  reasons- 
therefor,  and  shall  at  the  same  time  send  an  authentic  copy  of  the 
same  to  the  Duke. 

The  Supreme  Court  shall  publish  through  the  press,  at  the  expense 
of  the  State,  every  sentence,  with  reasons  therefor,  within  4  weeks 
from  its  pronouncement. 

Sec.  172.  The  sentence  shall  first  state  whether  the  accused  has 
acted  against  the  Constitution,  and  then  in  regard  to  the  penalty  and 
costs. 


364  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Sec.  173.  If  the  complaint  concerns  the  transgression  of  a  provision 
the  meaning  of  which  is  not  clear,  and  if  the  court  finds  that  the  in- 
terpretation made  by  the  accused  is  indeed  not  the  correct  one,  but 
that  the  accused  has  had  good  reasons  to  consider  it  so,  then  the 
court  shall  state  that  the  accused  has  acted  contrary  to  the  Consti- 
tution, but  shall  clear  him  of  penalty  and  costs. 

Sec.  174.  In  the  matter  mentioned  in  section  173  is  also  to  be  under- 
stood that  if  the  accused  should  prove  that  the  order  forming  the 
basis  of  indictment  was  withdrawn  upon  the  complaint  mentioned  in 
section  171  within  the  one  month's  interval  set  therein,  and  through 
this  withdrawal  6r  amends  made  within  like  time,  the  former  con- 
dition of  affairs  shall  have  again  been  restored. 

If,  however,  upon  complaint  of  the  respective  Diet  or  Diet  Com- 
mittee, the  orders  which  violated  the  Constitution,  but  which  had 
been  withdrawn,  should  be  repeated,  the  foregoing  provision  shall 
then  have  no  application  to  the  accusation  made  in  such  case. 

Sec.  175.  Through  the  accusation  of  breach  of  Constitution  and 
the  procedure  based  thereon  shall  not  be  precluded  the  prosecution 
of  any  concurrent  ordinary  offense  or  breach  of  duty  by  means  of 
the  regular  criminal  authorities. 

Sec.  176.  A  mandate  of  pardon  in  respect  to  breach  of  Constitu- 
tion shall  not  be  issued. 

The  Duke  shall  not  grant  a  pardon  with  reference  to  a  sentence 
pronounced  for  violation  of  Constitution  (sec.  164)  without  the  con- 
sent of  the  respective  Diet  or  Diet  Committee. 

Sec.  177.  The  serving  of  a  sentence  pronounced  by  the  court  for 
the  violation  of  the  Constitution  shall  take  place  at  the  order  of  the 
Duke  immediately  after  the  beginning  of  ^s  legal  force. 

Given  under  our  own  hand  and  the  ducal  seal. 

[l.  s.]  ERNST,  Duke  of  Sa^e-Cohwrg  aifid  Gc/tha, 

J.  Seebach. 

Gotha,  May  3,  1852. 

At  the  same  time  with  the  Political  Constitution  were  published  as 
Appendix  I,  The  Order  of  Election  for  the  Diets  of  Cohurg  and 
Gotha;  and  as  Appendix  II,  The  Order  of  Business  for  the  Diets  of 
the  Duchies  Cohurg  and  Gotha, 


SAXE-MEININGEN. 

FUNDAMENTAL  LAW  OF  AUGUST  23,  1829.' 
[Preamble.] 

We,  Bernhard,  by  the  grace  of  God,  Duke  of  Saxe-Meinin^en,  etc., 
have  at  the  beginning  of  our  reign  over  the  lands  united  with  our 
hereditary  Duchy  of  Meiningen  in  consequence  of  the  treaty  of  No- 
vember 12,  1826,  expressed  immediately  our  conviction  that  the  true 
welfare  of  our  subjects  would  be  more  and  more  furthered  by  as 
close  a  union  as  possible  of  the  various  provinces  and  have  declared 
our  paternal  intention  to  establish  a  union  of  the  various  provincial 
institutions  of  the  same  after  mature  consideration  of  those  already 
existing  and  with  careful  regard  for  essential  local  differences. 

After  we  have  now  also  in  accordance  with  the  Constitution  heard 
the  wishes  of  our  loyal  Estates  concerning  the  national  Constitution 
through  a  committee  chosen  for  that  purpose  and  assembled  here  at 
our  capital,  the  citj^  of  Meiningen,  and  have  after  taking  these  into 
due  consideration  made  our  decision,  we  now  see  ourselves  moved  to 
comprise  this  National  Constitution  together  with  the  other  legal 
provisions  appertaining  thereto  in  a  document,  and  therefore  do 
order  the  following: 

Section  I. — Of  the  Duchy ^its  Constituent  Parts ^  and  the  Sovereign.'^ 

Article  1.^  The  Duchy  of  Saxe-Meiningen  in  its  various  parts 
till  now  determined  by  the  treaties  of  division  in  the  whole  House 
of  Saxony  and  those  still  to  be  determined  by  future  House  or  State 
treaties  shall  form  a  unified  State  under  the  name:  the  Duchy  of 
Saxe-Meiningen. 

Art.  2.  From  the  national  territory  hereunder  comprised  no  part, 
no  matter  how  small,  shall  under  any  pretext  of  its  allodial  quality 
ever  be  separated  nor  in  favor  of  an  allodial  heir  be  withdrawn 
from  the  national  succession  (sovereignty  of  the  heir  to  the  throne), 
without  prejudice,  however,  to  the  claims  of  the  allodial  heirs,  al- 
ready recognized  by  treaty,  to  the  value  of  various  parts  of  the 
public  domain. 

Art.  3.  The  Duke  shall  be  hereditary  Sovereign  or  ruler  of  the 
State.  In  his  hands  all  branches  of  the  highest  State  authority  shall 
be  united. 

1  Translation  by  R.  B.  Roulston  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  416-434. 

3  Section  I  supplemented  by  law  of  March  9,  1896,  concerning  the  succession,  regency, 
judicial  relations,  and  property  of  the  Ducal  Hou^e. 

'  Article  1  supplemented  by  law  of  January  13,  1894,  concerning  changes  in  boundary. 

365 


366  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

The  national  succession  shall,  so  far  as  the  Ducal  House  is  con- 
cerned, be  determined,  by  virtue  of  the  Primogeniture  Constitution 
of  March  12,  180^,  according  to  the  principles  of  primogeniture  and 
order  of  line  according  to  the  age  of  the  line;  otherwise  according 
to  the  agreements  and  observances  of  the  Ducal,  Grand  Ducal,  and 
Royal  Saxon  House. 

Art.  4.  The  Duke  and  all  princes  of  the  Ducal  House  shall  be  of 
age  and  competent  to  rule  upon  the  completion  of  their  twenty-first 
year.  At  the  request  of  their  former  or  especially  hereto  appointed 
guardian  the  reigning  Duke  shall  declare  the  princes  of  the  Ducal 
Special  House  of  age  when  they  shall  have  at  least  completed  their 
eighteenth  year. 

The  Duke  himself  may  be  declared  of  age  by  his  chief  guardian 
after  completing  his  eighteenth  year  with  the  consent  of  the  oldest 
ruling  Sovereign  of  the  entire  Saxon  House  of  all  lines. 

Art.  5.  The  entire  Duchy  shall  have  one  common  constitution,  de- 
termined by  the  necessity  of  the  cooperation  of  the  Estates  in  those 
acts  of  the  Government  to  be  later  defined  to  help  to  maintain  soli- 
darity and  stability  in  the  Government  and  to  afford  a  greater  se- 
curity of  the  common  justice. 

Section  II. — General  Rights  and  Duties  of  Subjects. 

Art.  6.  Subjects  shall  be  those  who  are  born  of  native  parents, 
i.  e.,  in  the  case  of  legitimate  children  whose  father,  and  in  the  case 
of  illegitimates  whose  mother,  at  the  time  of  the  birth  of  the  child 
was  a  naturalized  subject;  further  those  who  acquire  the  right  of 
citizenship  or  domicile  in  a  place  or  who  are  taken  into  the  service 
of  the  State. 

How  far  mere  ten-year  residence  may  give  foreigners  the  rights 
of  subjects  shall  depend,  until  the  enactment  of  a  general  law,  upon 
the  regulations  existing  in  various  provinces  and  upon  treaties  with 
other  States. 

Art.  7.  Subjects  shall  owe  obedience  to  the  laws  of  the  country 
even  in  foreign  countries,  in  so  far  as  the  country  is  concerned 
therein,  and  shall  be  judged  according  to  these  laws  for  acts  com- 
mitted in  foreign  countries.  They  shall  not  be  delivered  up  to 
foreign  States  or  be  brought  before  foreign  courts  of  justice,  with- 
out prejudice  however  to  existing  or  future  treaties  with  regard  to 
appearing  for  confrontation,  likewise  with  regard  to  minor  offences, 
especially  poaching,  impregnation  cases,  and  the  like. 

Art.  8.  Subjects  may  claim  the  right  to  follow  the  trades  for 
which  they  have  prepared  themselves,  according  to  the  provisions 
of  the  special  existing  and  future  regulations  concerning  these  sub- 
jects. 


CONSTITUTION   OF   SAXE-MEININGEN.  367 

They  shall  have  the  right  to  claim  support  when  they  can  no 
longer  earn  their  living,  first  in  their  own  parish  and  then  from 
the  general  relief  funds  according  to  the  existing  regulations,  with- 
out prejudice  to  the  present  or  future  laws  concerning  the  obliga- 
tion of  blood  relatives. 

Art.  9.  This  general  right  of  subjects  shall  be  lost  by  emigration. 

Every  one  shall  be  permitted  to  emigrate,  but  with  the  proviso 
that  he  shall  have  fulfilled  his  due  obligations  to  the  State  and  his 
fellow  citizens. 

Art.  10.  All  subjects  shall  be  obliged  to  contribute  to  the  end 
of  the  State  according  to  the  law  of  equality  and  in  proportion 
to  their  wealth  and  their  ability,  especially, 

(a)  Through  taxes,  according  to  existing  laws  and  those  T^hich 
may  be  promulgated; 

(b)  Through  military  service  for  the  country  and  the  German 
Confederation. 

The  repeal  of  former  and  still  existing  exemptions,  as  well  as  the 
provisions  for  the  indemnity  to  be  granted  therefor,  shall  be  reserved 
for  future  laws. 

Subjects  shall  not  be  obliged  to  allow  themselves  to  be  used  in 
foreign  service. 

Art.  11.  All  male  subjects  shall  upon  completion  of  their  eight- 
eenth year  or  upon  their  naturalization  render  an  oath  of  allegiance, 
which  must  also  be  contained  in  all  official  oaths. 

Art.  12.  The  differences  in  the  recognized  Christian  confessions 
shall  entail  no  distinction  in  the  civic  relations  of  subjects.  The 
relations  of  the  adherents  of  the  Mosaic  religion  shall  be  determined 
^by  special  laws. 

Art.  13.  The  right  of  citizenship  shall  consist  in  the  privilege : 

(1)  Of  being  a  sworn  witness  and  a  juror; 

(2)  Of  taking  part  in  communal  and  legislative  elections,  the 
latter  according  to  special  laws  dealing  with  these  subjects. 

Art.  14.  The  right  of  citizenship  shall  belong  to  every  citizen  who 
is  of  age.  The  period  for  becoming  of  age  shall  be  for  all  subjects 
(Upon  the  completion  of  the  twenty-first  year. 

It  shall  be  lost  by  emigration  and  by  the  legal  sentencing  to  a  dis- 
honoring criminal  punishment,  and  this  loss  shall  be  expressly  pro- 
nounced in  the  sentence;  it  may,  however,  be  restored  again  by  the 
later  proving  of  innocence  (rehabilitation).  It  may  temporarily 
not  be  exercised : 

(a)  During  an  appointed  guardianship; 

(b)  During  a  declaration  of  insolvency  of  a  debtor  through  his 
creditors ; 

(c)  During  a  criminal  examination,  beginning  at  the  time  of 
accusation;  it  begins  again,  however,  at  the  end  of  the  guardianship; 
after  complete  payment  of  one's  creditors ;  and  in  the  case  of  accused 


368  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

persons,  after  sentence  has  been  passed,  if  this  is  either  an  acquittal 
or  does  not  condemn  one  to  a  dishonoring  punishment. 

Art.  15.  The  special  legal  status  of  the  various  Estates  shall  enjoy 
the  protection  of  the  Constitution.  No  difference  in  rank,  however, 
shall  afford  in  the  Duchy  any  exemption  from  the  common  duties 
of  subjects  or  a  privilege  in  the  acquisition  of  landed  property  and 
the  attainment  of  any  State  office. 

Art.  16.  All  subjects  and  communes,  likewise  the  public  domain 
and  the  privy  purse,  shall  be  obligated  to  relinquish  property  which 
is  necessary  for  some  public  purpose,  e.  g.,  the  building  of  highways 
and  communal  roads,  the  enlargement  of  cities  and  public  buildings, 
the  straightening  of  streets  in  cities,  and  the  constructing  of  market 
places,  and  especially  in  the  case  of  the  reconstruction  of  destroyed 
buildings;  however,  the  necessity  for  the  construction  and  the  sur- 
render must  be  recognized  by  a  higher  authority,  and  immediately 
upon  the  surrender  the  full  common  value,  to  be  determined  by 
appraisement  and  with  regard  to  special  conditions,  in  so  far  as  the 
same  is  not  determined  by  any  law  or  agreement  with  the  State  or 
commune  itself,  must  be  paid  from  the  State  or  communal  treasury. 
Art.  17.  Other  goods  may  be  withdrawn  from  the  common  pos- 
session and  traffic  by  special  laws,  and  then  every  one  shall  be  obliged 
to  surrender  goods  of  this  nature  already  in  his  possession  against 
compensation  and  those  which  later  come  into  his  possession  without 
such  compensation. 

Art.  18.  All  foreigners  residing  in  the  State,  in  so  far  as  they  do 
not  enjoy  an  exception  based  upon  internal  law,  shall  owe  obe- 
dience to  the  laws  of  the  land,  and  shall  be  judged  according  to  these 
laws  for  acts  performed  and  crimes  committed  in  the  land. 

They  shall  enjoy  the  protection  of  the  laws  so  long  as  they  behave 
in  a  quiet  and  lawful  manner,  but  in  the  contrary  case  they  may  be 
expelled  from  the  country. 

Convictions  for  crimes  shall  as  a  rule  entail  expulsion.  Extradi- 
tion shall  be  ordered  only  when  a  foreigner  is  accused  of  a  common 
crime,  e.  g.,  theft,  robbery,  fraud,  murder,  homicide,  arson,  which 
according  to  the  laws  of  this  State  entail  arrest,  and  when  therefore 
the  extradition  is  desired  by  the  court  of  the  country  w^herein  the 
crime  was  committed  or  by  the  native  country  of  the  accused.  The 
treaties  already  concluded  with  other  states  on  this  matter  shall, 
however,  be  observed  further. 

Section  III. — Of  the  Communes  and  Corporations. 

Art.  19.  The  union  of  local  communes  shall  embrace  all  subjects, 
and  in  the  future  no  one  may  be  a  citizen  of  the  State  without  being 
at  the  same  time  in  one  way  or  another  in  the  union  of  communes. 


CONSTITUTION   OF   SAXE-MEININGEN.  369 

The  details  hereof  shall  be  determined  by  the  communal  regula- 
tions. 

Art.  20.  The  local  communes  shall  have  the  right  of  personality 
and  of  regulated  societies.  They  may  acquire  property,  appoint  offi- 
cials and  magistrates,  make  decisions  binding  for  non-consenting  and 
future  members,  and  also  acquire  rights  which  shall  be  exercised  by 
their  individual  members  for  their  special  advantage. 

Art.  21.  They  shall  also  have  on  the  other  hand  the  duty  of  them- 
selves seeing  to  the  maintenance  of  public  order  and  safety  in  those 
matters  allotted  to  them,  especially  of  maintaining  their  communal 
roads  and  their  bridges,  and  of  caring  for  their  poor,  all  according 
to  the  provisions  decreed  thereto  appertaining. 

Art.  22.  The  communes  as  a  whole  shall  enjoy  the  rights  of  minors 
with  reference  to  their  rights  and  their  property. 

They  shall  be  under  the  supervision  and  special  care  of  the  State. 
None  of  their  members  may  prejudice  the  rights  of  the  whole  by  his 
personal  acts  or  thereby  acquire  especial  exemption  as  against  the 
whole. 

Art.  23.1 

Art.  24.  The  communes  of  a  district  shall  form  a  district  com- 
mune for  the  common  performance  of  affairs  allotted  thereto.  The 
communal  regulations  shall  give  the  details  concerning  these  as  well 
as  concerning  the  local  constitution  of  communes  in  general. 

Art.  25.  The  parishes  shall  likewise  be  in  a  similar  communal 
union,  with  the  common  subsidiary  obligation  to  maintain  schools, 
churches,  and  parsonages;  also  to  maintain  the  clergy  and  school- 
masters and  the  buildings  in  so  far  as  the  endowment  of  the  churches 
and  schools  is  not  sufficient  thereto. 

Art.  26.  The  property  of  the  communes,  both  public  property 
which  belongs  to  the  whole  for  the  meeting  of  commimal  expenses 
and  the  property  of  citizens  (right  of  domicile  and  communal  right), 
the  enjoyment  of  which  belongs  to  individual  members,  shall  enjoy 
the  security  of  private  ownership  with  regards  to  the  State  and,  so 
long  as  the  commune  exists,  may  not  arbitrarily  be  added  to  the 
property  of  the  State.  At  the  same  time,  however,  it  shall  be 
under  the  supervision  of  the  State,  so  that  its  use  may  be  regulated 
for  the  true  welfare  of  the  whole.  The  estimates  of  expenditures 
and  incomes  of  the  communes  must  be  approved  by  the  State  Gov- 
ernment or  by  the  competent  lower  authorities. 

Art.  27.  It  shall  remain  reserved  for  special  regulations  as  to  how 
far  other  classes  of  inhabitants  who  are  bound  together  by  a  common 

1  Article  23  repealed  by  law  of  August  0,  1899 ;  likewise  article  33,  par.  3,  and 
article  84. 

92975—19 24 


370  CONSTITUTIONS  OF    THE   GERMAN   STATES. 

interest  shall  be  granted  corporate  rights  (except  the  common  repre- 
sentation in  suits  at  law),  which  they  do  not  already  possess. 

Art.  28.  Subjects  shall  not  be  forbidden  to  form  societies  for 
purposes  which  are  not  fer  se  unlawful;  but  the  right  of  per- 
sonality, the  ability  to  acquire  property  in  the  name  of  the  society, 
to  use  a  seal,  and  to  establish  statutes,  shall  be  obtained  by  them 
only  with  the  consent  of  the  State. 

Section  IV. — Of  Churches  and  Charitable  Institutions, 

Art.  29.  The  Evangelical  Church  shall  be  the  State  Church  and, 
when  its  endowments  are  in  any  way  insufficient,  it  shall  be  main- 
tained from  the  State  incomes.  But  all  other  churches  shall  enjoy 
the  protection  of  the  State  and  perfect  freedom  of  conscience,  in  so 
far  as  they  act  in  accordance  with  the  laws  and  ordnances  of  the 
State.  No  pretended  religious  opinion  may  release  one  from  the 
obligations  toward  the  State. 

Art.  30.  No  church  decree  may  be  promulgated  and  carried  into 
effect  without  the  previous  knowledge  of  the  Sovereign  and  without 
his  consent. 

Art.  31.  The  State  shall  watch  over  the  training,  calling,  and 
official  administration  of  all  clergymen  and  other  church  officials,  but 
without  interfering  in  the  internal  affairs  of  the  Church  further  than 
is  necessary  for  this  purpose.  Complaints  concerning  the  servants 
of  the  Church,  when  their  subject  concerns  merely  the  clerical  office, 
shall  belong  before  the  church  authorities;  before  the  State  civil 
authorities,  however,  when  complaint  is  made  concerning  the  viola- 
tion of  clerical  authority. 

Art.  32.^  The  right  of  the  State,  founded  in  the  constitution  of  the 
Evangelical  Church,  in  the  direction,  the  calling,  or  the  confirma- 
tion of  the  servants  of  the  Church,  and  the  dispensation  from  church 
prohibitions  in  marriage  affairs,  likewise  in  the  administration  of 
church  property,  shall  only  be  exercised  or  prepared  for  the  decision 
of  the  Sovereign  by  a  board  which  shall  consist  of  both  lay  and 
clerical  councillors. 

Art.  33.2  'pj^g  endowment  of  the  churches  and  schools  shall  not  be 
withdrawn  from  the  same  so  long  as  church  and  school  exist.     The 

1  Article  32  modified  by  article  27  of  the  parish  and  synodal  regulation  of  .January  4, 
1876 : 

"  Wherever  up  to  the  present  the  commune  or  Its  representatives  (committee,  commune 
council,  magistrate)  has  been  granted  the  advowson  for  a  clerical  position,  the  vestry  or 
the  combined  authorities  shall  elect  the  pastor  from  the  number  of  candidates  and 
preachers  who  are  eligible  according  to  the  regulations. 

otherwise  the  filling  of  the  church  positions,  their  endowment,  and  the  establishment 
of  a  central  church  treasury  shall  after  the  Introduction  of  this  regulation  be  determined 
by  special  laws,  and  up  to  then  the  present  method  of  filling  church  positions  shall  be  in 
force." 

« Article  33,  par.  3,  repealed  ;  cf.  note  to  article  23. 


CONSTITUTION   OF   SAXE-MEININGEN.  371 

property  of  disbanded  churches,  schools,  and  other  pious  institutions 
may,  however,  be  drawn  into  a  common  church  and  school  fund. 

This  shall  also  be  done  when  through  especial  circumstances  the 
wealth  of  a  single  church  or  school  has  grown  in  such  a  way  that 
it  disproportionately  surpasses  the  needs  of  the  same,  by  likewise 
taking  the  surplus  of  the  yearly  revenues  for  the  common  church 
and  school  fund,  and  should  this  be  sufficiently  equipped,  the  same 
may  be  devoted  to  other  purposes  and  institutions  for  the  public 
good.  The  same  shall  hold  good  of  the  endowment  of  almshouses 
and  hospitals,  infirmaries,  and  other  foundations  whose  purpose  has 
ceased  or  which  are  superfluously  provided  for. 

Art.  34.^ 

Art.  35.  Churches,  schools,  and  other  institutions  may  make  new 
acquisitions  of  landed  property  and  real  estate  only  with  the  consent 
of  the  Government.  Bequests  and  gifts  in  favor  of  a  pious  institu- 
tion shall  not  need  any  previous  governmental  consent  for  their 
legality. 

Art.  36.  The  other  affairs  of  the  churches  shall  be  determined  by 
special  regulations. 

Section  V. — Of  the  State  Property^  Crown  Lands^  and  Privy  Pv/rse.'^ 

Art.  37.  The  State  property  shall  comprise  the  sum  total  of  those 
means  from  which  the  general  needs  of  the  country  and  the  State 
are  met,  as  well  as  everything  which  is  permanently  devoted  to  com- 
mon use  and  benefit. 

The  contributions  of  subjects  (the  taxable  property  of  the  same), 
which  shall  be  levied  by  constitutional  methods  for  the  purposes  of 
the  State,  shall  constitute  the  greatest  part  of  the  property  of  the 
State.  The  surplus  and  savings  in  the  administration  of  State  prop- 
erty shall  belong  to  the  State,  and  may  not  be  appropriated  to  the 
domains  and  still  less  to  the  privy  purse. 

Art.  38.  The  domain  property  in  buildings,  crown  lands,  forests, 
landed  possessions,  seigniorial  tithes,  ground  rents,  rents,  and  other 
incomes  and  privileges  proceeding  from  the  seigniorial  right,  shall 
be  the  property  of  the  Ducal  House  and  intended  primarily  to  meet 
the  costs  of  the  Court  and  of  the  mainteannce  of  the  ducal  family. 

On  the  other  hand  the  direct  and  indirect  taxes  now  accruing  to 
the  domain  treasury,  as  well  as  all  imposts  to  be  granted  in  the 
future,  likewise  the  incomes  from  regalia  and  the  incomes  ensuing 

1  Article  34  repealed  ;  cf.  note  to  article  23. 

2  Cf.  for  the  provisions  of  this  section  the  law  concerning  the  domain  property  of  July 
20,  1871 ;  the  law  of  July  9,  1879,  concerning  the  administration  of  the  incomes  and 
expenditures  of  the  Duchy  and  the  authority  of  the  board  of  revision  ;  the  law  of  April 
27,  1831,  concerning  the  simplifying  of  the  State  budget,  and  the  law  of  March  26,  1889, 
eonceming  the  acquisition  and  sale  of  certain  parts  of  the  State  property. 


372  CONSTITUTIONS  OF  THE  GERMAN  STATES. 

from  the  exercise  of  the  sovereign  power,  especially  also  highway 
and  road  tolls,  taxes  paid  for  protection,  and  all  performances  on  be- 
half of  military  affairs,  shall  be  assigned  to  the  State  treasury  against 
Ihe  proportionate  assumption  of  the  costs  of  the  State  administration 
and  of  temporary  burdens  now  resting  upon  the  domain  treasury. 

A  detailed  list  shall  be  drawn  up  concerning  the  constituent  parts 
of  the  domain  property  and  likewise  concerning  the  funds  and  bur- 
dens to  be  attributed  to  the  State  treasury,  and  after  being  agreed 
upon  the  same  shall  be  considered  an  integral  part  of  this  funda- 
mental law. 

Surpluses  in  the  domain  treasury  shall  be  at  the  free  disposition 
of  the  Duke,  and  may  be  added  to  the  privy  purse,  w^henever  no 
extra  appropriations  have  been  advanced  to  the  domain  treasury  by 
the  State  treasury  and  when  circumstances  or  urgent  needs  of  the 
country  do  not  make  advisable  the  use  of  the  same  for  the  welfare  of 
the  country. 

Art.  39.  The  privy  purse  shall  consist  of  that  which  the  ruling 
Duke  receives  from  the  State  and  domain  treasuries  for  his  personal 
use  and  what  remains  over  therefrom,  from  the  savings  of  the 
domain  treasury  expressly  allotted  thereto,  and  whatever  else  he  may 
acquire  through  inheritance,  legacies,  or  in  any  other  manner. 

Reverting  feudal  tenures  may  also  be  added  to  the  privy  purse, 
and  only  the  fiefs  together  with  the  revenues  proceeding  there- 
from shall  belong  to  the  domain  property  and  to  the  entailed  fund 
of  the  Ducal  House. 

Art.  40.  A  list  of  those  objects  and  collections  shall  forthAvith 
be  made  which  shall  be  considered  as  State  property. 

Art.  41.  All  ducal  castles  together  with  the  inventory  therein 
shall  belong  to  the  domain  property;  but  it  shall  be  imderstood 
that  the  inventories  shall  only  be  considered  as  a  whole,  as  ap- 
purtenances of  the  castles,  and  that  any  change  therein  in  detail 
shall  depend  entirely  upon  the  judgement  of  the  Sovereign.  But 
allodial  claims  shall  never  be  made  on  their  account  against  the 
present  or  future  ruling  Dukes  from  the  present  Ducal  House. 

Art.  42.  The  entire  taxable  property  of  subjects  shall  be  security 
for  national  debts  assumed  with  the  consent  of  the  Estates. 

The  present  debts  of  the  various  provinces  shall  for  the  purposes 
of  administration  be  contracted  into  a  common  national  debt,  and 
the  interest  paid  and  liquidation  made  from  a  common  sinking 
fund. 

New  national  debts,  i.  e..  such  whereby  the  sum  total  of  those  ex- 
isting is  increased  or  whereby  the  continuous  liquidation  required 
by  the  Constitution  is  neutralized,  shall  be  invalid  and  non-binding 
without  the  express  consent  of  the  Estates,  and  only  those  shall  be 
personally  responsible  therefor  who  have  made  such  loans  and  have 


CONSTITUTION   OF   SAXE-MEININGEN.  373 

signed  the  notes,  as  the  statute  concerning  the  sinking  fund  will 
state  in  detail. 

No  new  loan  shall  be  made  without  the  establishment,  together 
with  the  annual  interest,  of  a  sinking  fund  whereby  the  principal 
shall  be  paid  off  in  at  the  most  50  years. 

Art.  43.  The  incomes  of  the  domain  property  shall  for  all  time 
be  security  for  the  domain  debts  assumed  according  to  the  Consti- 
tution. 

New  debts,  i.  e.,  such  whereby  the  sum  total  of  the  same  is  in- 
creased, may  not  be  made  without  the  express  consent  of  the  Estates, 
and  shall  simply  not  be  binding  on  the  successor  to  the  throne  even 
if  he  is  a  son  of  his  predecessor.  Only  the  private  estate  of  his 
predecessor  shall  be  security  for  the  same,  and  those  officials  who 
signed  the  notes  shall  be  personally  responsible  therefor. 

The  Estates  shall,  however,  be  obliged  to  give  their  consent : 

(a)  When  the  debts  are  contracted  for  the  acquisition  of  new 
domain  property,  to  the  half  of  the  purchase  price ; 

(h)  To  a  sum  to  be  determined  by  circumstances  at  the  marriage 
of  the  Sovereign,  the  princes,  and  the  ducal  princesses; 

(c)  To  the  restoration  of  the  ducal  residential  castle  in  case  of 
accident  to  the  same. 

In  the  case  of  each  new  debt  the  annual  interest  and  a  sinking 
fund  for  at  the  most  50  years  shall  be  established. 

Art.  44.  The  promissory  notes  issued  with  full  observance  of  all 
formalities,  which  shall  be  determined  in  special  laws  (concerning 
the  sinking  fund),  shall, however,  afford  to  creditors  full  security  and 
legal  validity  against  the  State  and  domain  treasuries,  and,  if  irregu- 
larities shall  have  occurred,  the  latter  shall  have  the  right  of  redress 
against  the  guilty  officials. 

Art.  45.  The  substance  of  the  domain  property  shall  not  be 
diminished  by  any  kind  of  alienation,  sale,  gift,  burdening  with 
rents,  and  the  like,  and  the  consent  of  the  Estates  shall  be  necessary 
for  the  legal  validity  of  such  an  alienation,  despite  the  agnatic  con- 
sent. The  domain  administration  shall  indeed  not  be  prevented 
from  disposing  of  single  parts  and  privileges  of  a  domain  estate, 
as  of  smaller  strips  of  forest,  hunting  and  forest  privileges,  by  sale, 
exchange,  compromise,  and  any  other  manner;  nor  from  having  rents, 
tithes,  services,  and  privileges  discharged.  The  sum  received  there- 
for, however,  in  so  far  as  it  in  the  nature  of  the  transaction  does 
not  accrue  per  se  to  the  immovables  of  the  domain  property,  shall 
never  be  added  to  the  current  incomes  and  expenditures  of  the 
domain  treasury  but  shall  be  reserved  for  the  sinking  funds  and  be 
continued  in  the  same  as  an  interest-bearing  asset  of  the  domain 
property. 


374  CONSTITUTIONS   OF   THE   GEEMAN   STATES. 

Art.  46.  The  privy  purse  shall  be  at  the  unlimited  disposal  of  the 
Sovereign  and  shall  be  judged  according  to  the  principles  of  civil 
law. 

Only  the  privy  purse  shall  be  liable  for  the  private  debts  of  the 
Sovereign,  and  his  successor  shall  be  bound  to  pay  such  only  in  so 
far  as  the  privy  purse  may  cover  the  same.  The  privy  purse  alone 
may  lawfully  be  disposed  of  by  bills,  gifts,  and  legacies. 

Art.  47.  The  incomes  of  the  State  property  shall  form  the  State 
treasury  from  which  all  real  expenses  of  the  State  shall  be  met. 

The  treasury  shall  be  administrated  by  a  treasurer,  chosen  by  the 
Estates  and  confirmed  by  the  Sovereign,  under  the  authority  and 
supervision  of  the  Ministry  and  the  cooperation  of  the  Estates. 

The  moneys  which  shall  be  spent  for  the  various  branches  of  the 
State  administration  shall  upon  motion  of  the  Ministry  be  granted 
annually  (or  according  to  circumstances  for  several  years)  by  the 
Estates,  and  the  mode  of  raising  the  same  shall  be  determined  with 
the  approval  of  the  Sovereign. 

The  accounts  shall  be  laid  before  the  Estates  annually  and  be 
audited  by  them  through  their  committee  with  the  cooperation  of 
the  chamber  of  accounts  and  justified  by  their  approval  (definitely 
at  one  session  of  the  legislation). 

Neither  the  Estates  nor  the  Ministry  shall  have  the  right  arbi- 
traily  to  authorize  expenditures  from  the  State  treasury  other  than 
those  in  accordance  with  the  budget. 

Art.  48.  The  domain  property  shall  be  administrated  by  a  board 
appointed  by  the  Sovereign  under  the  supervision  of  the  Ministry, 
and  the  treasury  by  a  special  treasurer. 

The  budget  for  the  domain  administration  shall  be  drawn  up  by 
the  domain  authorities,  and  the  treasury  budget  made  by  the  Cham- 
ber of  Accounts  and  determined  by  the  Sovereign.  The  annual  ac- 
counts shall  be  audited  by  the  Chamber  of  Accounts  and  their  ap- 
proval decided  upon  by  the  Sovereign.  But  proof  must  be  given  to 
the  Estates  from  legislature  to  legislature  that  neither  the  sub- 
stance of  the  domain  property  as  a  whole  has  been  diminished  (with 
exception  of  cases  determined  in  article  45,  and  with  the  right  re- 
served for  a  proposal  for  the  supplementing  of  immovables),  nor 
the  same  burdened  with  new  debts,  but  that  rather  the  liquidation  of 
debts  is  being  continued  in  accordance  with  the  Constitution. 

Section  VI. — Of  the  Estates. 

CHAPTER   1.   GENERAL  PROVISIONS. 

Art.  49.  In  order  to  represent  the  rights  and  privileges  of  the 
people  which  belong  to  them  as  a  whole  in  their  relations  to  the  Gov- 
ernment, and  in  order  to  help  to  maintain  the  course  of  the  whole 


CONSTITUTION   OF   SAXE-MEININGEN.  375 

State  administration  always  in  its  lawful  path,  especially  also  to 
assure  that  regularity  in  the  detennining  and  levying  of  the  needs  of 
the  State  and  in  the  treatment  of  the  State  and  domain  property 
which  the  w^elfare  both  of  the  Ducal  House  and  of  the  country  de- 
mands, and  in  order  not  only  to  be  able  to  use  the  advice  and  agree- 
ment of  a  larger  number  of  experienced  men  in  the  case  of  legal  pro- 
visions w^hich  concern  the  Constitution  or  other  rights  of  citizens, 
but  also  always  to  be  able  to  give  to  all  the  conviction  that  the  Gov- 
ernment always  has  in  view  only  the  best  interests  of  subjects  and 
the  maintenance  of  a  moral  and  lawful  order, — representatives  of 
the  country  shall  in  the  future  be  chosen  who  shall  fulfil  the  duties 
dictated  by  these  purposes,  partly  in  full  assembly  and  partly 
through  their  officials. 

Art.  50.1 

Art.  51.  They  shall  be  summoned  regularly  every  three  years, 
and  besides  so  often  as  it  is  necessar}^,  to  Meiningen  or  some  other 
place.    Their  assembly  may  be  closed  at  any  time  by  the  Sovereign. 

Without  summons  from  the  Sovereign  not  only  shall  all  decisions 
of  an  arbitrary  assembly  be  simply  null  and  void,  but  trial  and 
punishment  may  be  instituted  against  the  participants  in  such  an 
assembly. 

Art.  52.  The  Sovereign  shall  also  have  the  right  to  dissolve  the 
Estates  at  his  discretion  and  to  order  new  elections. 

The  proclamation  of  new  elections  shall  immediately  follow  the 
dissolution  of  the  previous  Estates. 

Art.  53.  The  officials  of  the  Estates,  partly  for  the  direction  and 
management  of  business  during  the  assembly,  partly  for  the  observa- 
tion of  the  obligations  and  privileges  of  the  Estates  during  a  recess, 
shall  be:  (1)  the  State  marshal,-  (2)  two  national  chairmen,^  (3)  a 
syndic,  (4)  a  treasurer  with  the  necessary  assistants. 

They  shall  have  a  national  clerk  and  a  clerk's  messenger. 

Art.  54.  The  State  marshal  shall  be  chosen  by  the  Estates  at  the 
beginning  of  the  legislature  from  the  class  of  the  landed  nobility  by 
a  simple  majority  vote  and  confirmed  by  the  Sovereign  if  there  is  no 
objection  to  be  made  against  the  one  chosen.  He  shall  hold  office  as 
a  rule  for  six  years  or  so  long  as  the  Estates  exist  which  elected  him. 
At  the  expiration  of  these  six  years  or  after  the  dissolution  of  the 
Estates  Assembly  he  shall  continue  to  perform  the  duties  of  his  office 
temporarily  until  the  next  legislature.  The  retiring  State  marshal 
shall  be  eligible  for  reelection.  When  he  retires  or  in  case  of  his 
inability,  the  first  chairman  shall  take  his  place. 

■•  \rticle  50  repealed  by  the  suffrage  law  of  June  3,  1848,  article  24  ;  likewise  articles 
63-79. 

2  They  have  been  called  president  and  vice-presidents  since  the  standing  rules  and 
orders  of  the  legislattire  of  April  23,  1868,  article  4. 


376  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

It  shall  not  be  necessary  for  him  to  live  in  the  city  of  Meiningen, 
but  he  shall  reside  there  every  year  for  one  month  in  order  to  be 
present  at  the  auditing  of  the  accounts,  and  he  shall  be  obliged  to 
appear  there  whenever  the  Sovereign  shall  demand  it  or  whenever 
the  two  chairmen  shall  propose  his  being  present  temporarily  at 
some  emergency. 

Art.  55.  The  two  chairmen  shall  likewise  be  chosen  by  the  Estates 
from  their  midst,  without  their  being  restricted  to  any  one  class,  at 
the  beginning  of  the  legislature  for  the  same  period  as  the  State 
marshal,  and  shall  be  confirmed  by  the  Sovereign. 

They  shall  also  perform  the  duties  of  their  office  upon  dissolution 
of  the  Estates  Assembly  until  the  next  legislature  and  shall  be  eligible 
for  reelection. 

One  of  them  shall  live  in  the  city  of  Meiningen  as  officiating  chair- 
man, the  other,  however,  shall  appear  there  upon  demand  of  the 
State  marshal  or  of  the  officiating  chairman,  likewise  at  the  latter's 
retirement,  if  he  does  not  already  reside  in  Meiningen. 

These  chairmen,  together  with  the  State  marshal,  shall  form  the 
National  Directory,  and  the  State  marshal  may  act  in  national  affairs 
only  with  the  cooperation  of  a  chairman ;  they  shall  all  be  responsible 
to  the  Estates  for  the  constitutional  fulfilment  of  their  duties.  A 
completion  of  the  Directory  shall  be  necessary  between  two  legisla- 
tures only — 

(a)  when  two  members  of  the  same  have  resigned,  or 

(b)  when  the  officiating  chairman  has  resigned  and  can  not  be  re- 
placed by  the  other.  The  election  of  a  temporary  chairman  until  the 
next  legislature  shall  then  take  place  through  written  votes  of  the 
Estates. 

Art,  56.  The  especial  duties  and  prerogatives  of  the  State  marshal 
shall  be : 

(a)  Always  to  keep  the  thread  of  all  national  affairs,  to  represent 
the  Estates  Assembly  and  its  rights  on  all  occasions,  and  to  prevent 
any  unconstitutional  acts.  When  he  is  in  the  city  of  Meiningen  he 
shall  have  the  privilege  of  attending  the  meetings  of  the  State  tax 
commission  and  the  sinking  funds  commission,  and  the  chairmen 
shall  be  obliged,  in  a  form  to  be  designated  below,  to  give  him  regular 
information  concerning  the  operations  of  the  sinking  funds  and  the 
administration  of  the  State  treasury.  He  shall  have  the  right  to 
enter  protest  against  resolutions  and  decrees  which  are  contrary  to 
the  Constitution  and  the  rights  of  the  Estates,  and  to  report  the  same 
to  the  Sovereign.  When  circumstances  demand  it,  he  may  propose  the 
summoning  of  a  special  legislature,  with  presentation  of  the  reasons 
thereof. 

The  accounts  of  the  State  treasury  shall  be  investigated  by  him, 
after  they  have  already  been  audited  by  the  Chamber  of  Accounts, 


CONSTITUTION   OF   SAXE-MEININGEN.  377 

with  the  cooperation  of  the  two  chairmen  and  the  committee  to  be 
designated  below,  and  provisionally  closed  until  the  legislature  has 
given  its  decision. 

(h)  He  shall  prepare  the  business  of  the  legislature,  for  which 
the  necessary  information  and  explanations  shall  be  given  to  him 
m  time  by  the  Ministry. 

(<?)  During  the  legislature  he  shall  direct  the  business  of  the 
same;  he  shall  arrange  the  sessions  and  determine  the  order  of 
business  (among  which  the  proposals  of  the  Sovereign  shall  have 
precedence),  he  shall  appoint  t"he  referees,  co-referees,  and  commis- 
sions, unless  the  Estates  Assembly  should  find  it  necessary  to  appoint 
the  members  of  the  same  by  a  majority  vote.  He  shall  preserve  order 
and  decorum  in  debate,  shall  collect  the  votes,  shall  announce  the 
decision,  and  shall  bring  the  same,  after  the  w^ording  is  agreed  upon, 
to  the  Ministry,    He  shall  be  the  spokesman  of  the  Estates. 

(d)  He  shall  watch  over  the  administration  of  State  officials  and 
servants  and  with  the  chairmen  shall  look  after  the  filling  of  vacant 
places. 

Art.  57.  The  two  chairmen  present  in  Meiningen  shall  be  mem- 
bers of  the  tax  commission  and  of  the  sinking  funds  commission. 
Every  order  on  the  State  treasury  and  the  sinking  fund  must  be 
signed  by  at  least  one  of  them.  They  shall  be  especially  responsible 
to  the  Estates  for  the  conducting  of  the  administration  of  the  treas- 
ury in  accordance  with  the  laws,  for  the  correct  observance  of  the 
budgets,  and  for  preventing  the  decreeing  of  any  irregular  ex- 
penditures. Any  deviation  from  regulations  shall  be  immediately 
reported  to  the  State  marshal.  Should  a  chairman  not  reside  in 
Meiningen,  he  shall  be  required  to  appear  there  without  delay  upon 
order  of  the  State  marshal  or  upon  request  of  the  officiating  chair- 
man in  order  to  replace  the  latter  when  he  shall  be  disabled.  Both 
chairmen  shall  be  assistants  of  the  State  marshal,  and  if  he  is  dis- 
abled or  has  retired,  shall  take  his  place.  Like  him  they  shall  be 
obliged  to  represent  the  rights  of  the  Estates,  and  it  shall  be  their 
duty  to  inform  him  of  every  noted  violation  of  the  Constitution. 

Art.  58.^ 

Art.  59.  To  all  these  officials  a  salary  from  the  State  treasury 
shall  be  determined  by  the  legislature  w^ith  the  approval  of  the 
Sovereign. 

Art.  60.  For  the  annual  inspection  and  auditing  of  the  principal 
and  secondary  accounts  of  the  State  the  legislature  shall  elect  a 
committee  which  shall  consist  of  three  representatives  of  the  various 
Estates  besides  the  State  marshal  and  the  two  chairmen.  The 
State  marshal  shall  be  privileged  to  summon  these  three  representa- 

1  Article  58  repealed  by  law  of  April  23,  1868,  concerning  the  introduction  of  ttie  new 
standing  rules  and  orders  for  the  legislature,  article  3;  likewise  articles  85,  9  5,  98. 


378  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

lives  and  to  form  the  committee  in  other  important  matters  oc- 
curring during  a  recess  of  the  legislature,  especially : 

(1)  In   case  of   a   proposal   for  the  summoning  of   an   ex- 
traordinary session  of  the  legislature ; 

(2)  In  order  to  prepare  especially  important  business   for 
the  impending  session  of  the  legislature. 

Art.  61.  The  Estates  shall  appoint  the  treasurer  for  life  with  the 
approval  of  the  Sovereign.  He  shall  give  a  suitable  bond.  His 
more  exact  duties  shall  be  determined  by  the  treasury  regulations. 

Art.  62.  The  appointments  of  the  chancery  and  of  the  employees- 
shall  be  left  to  the  Estates. 

chapter  2.    elections. 
Art.  63-79.1 

chapter  3.    duties  and  rights  of  the  estates. 

Art.  80.  The  first  obligation  of  the  loyal  Estates  of  the  Duchy 
shall  be  to  cooperate  on  their  part  to  the  end  that  the  contributions 
of  subjects  to  that  which  is  required  by  the  common  welfare  shall  be 
demanded  with  wise  economy,  be  equitably  distributed,  and  be  ex- 
pended with  strict  conscientiousness  and  exactness  in  accordance 
with  their  purpose. 

Art.  81.  To  this  end: 

(a)  An  exact  estimate  of  that  which  is  necessary  for  the  pur- 
poses of  the  State  in  its  various  relationships  shall  be  brought  be- 
fore the  Estates  for  discussion  and  the  need  thereof  examined  and 
determined  in  common  with  them. 

(h)  The  manner  of  raising  this  need  with  all  possible  equality 
and  consideration  of  subjects  shall  be  settled  with  them,  and  ac- 
cordingly no  new  tax  of  any  kind  whatever  or  such  whose  time  of 
grant  has  expired  shall  be  levied  without  their  express  consent. 
Nevertheless,  expired  grants  shall  be  continued  in  the  meantime  until 
the  constitutional  period  of  the  next  legislature,  unless  this  be  ex- 
pressly refused  in  the  grant,  and  after  the  opening  of  the  legisla- 
ture until  the  fixing  of  the  new  budget. 

But  no  right  of  refusal  shall  be  granted  them  concerning  that 
which  must  be  necessarily  expended  for  the  fulfilment  of  con- 
federate duties. 

(c)  A  complete  accounting  of  the  expenditure  of  the  granted  taxes; 
and  imposts  shall  be  made  annually  to  them  according  to  the  provi- 
sions determined  in  article  47  above,  and  the  same  shall  be  examined 
by  them  and  approved  accordingly. 

1  Articles  6S-79  have  been  repealed ;  cf .  note  to  article  50. 


CONSTITUTION   OF   SAXE-MEININGEN.  379 

Art.  82.  The  grants  of  the  Estates  shall,  however,  not  be  given  to 
individual  persons  and  positions  but  shall  be  conferred  to  each 
branch  of  the  Government  and  the  institutions  comprised  there- 
under as  a  whole,  and  it  shall  be  left  to  the  Government  to  use  the 
granted  sums  according  to  the  budget. 

It  shall,  however,  also  be  willing  to  hear  the  suggestions  of  the 
Estates  and  to  consider  the  same  as  far  as  possible. 

Art.  83.  II.  How  the  public  assessments  granted  by  the  Estates 
shall  be  administered  in  a  special  treasury  with  the  cooperating  su- 
pervision and  direction  of  the  same  has  in  part  already  been  deter- 
mined above,  in  part  especial  statutes  and  regulations  shall  be  agreed 
upon  with  them. 

Art.  84.  III.  It  shall  be  the  duty  of  the  Estates  to  see  to  the  unim- 
paired maintenance  of  the  domain  property,  concerning  which  the 
necessary  directions  shall  be  given  according  to  the  provisions  named 
above. 

Art.  85^  IV. 

Art.  86.  V.  The  Estates  shall  be  privileged  to  lay  their  wishes  for 
the  perfection  of  the  legislation  before  the  Sovereign  and  both  to 
make  general  proposals  and  to  present  bills,  which  shall  be  always 
carefully  considered  and  shall  not  be  rejected  without  valid  reasons. 

Art.  87.  VI.  The  Estates  shall  have  the  right  to  report  abuses 
which  become  known  to  them  in  the  various  branches  of  the  admin- 
istration for  remedy.  Complete  information  shall  upon  demand  be 
given  to  them  by  the  Ministry  concerning  complaints  which  come 
to  discussion  partly  through  speeches  of  the  representatives,  partly 
through  memorials  of  others,  and  complaints  lodged  by  the  Estates 
shall  be  investigated  with  special  care,  and  those  which  are  well 
established  shall  be  remedied. 

Art.  88.  VII.  The  Estates  shall  have  the  right  to  lodge  formal 
impeachment  against  State  officials  on  acount  of  violations  of  the 
Constitution — abuse  of  official  power,  disloyalty,  and  extortion. 
Against  officials  who  are  under  a  higher  authority,  however,  com- 
plaint shall  always  first  be  made  w^ith  the  Ministry,  and  impeachment 
shall  Only  l?e  resorted  to  when  the  complaint  is  not  remedied. 

The  impeachment  shall  be  lodged  with  the  Supreme  Court  at  Jena, 
shall  be  tried  in  formal  legal  manner  by  a  criminal  court  of  the 
country  to  be  charged  herewith,  and  shall  be  decided  by  the  Supreme 
Court.2 

The  convicted  shall  have  the  right  of  another  trial,  whereupon 
foreign  judgment  shall  be  obtained. 

1  Article  85  repealed  ;  cf.  note  to  article  58. 
-    2  Cf .  the  law  of  December  16,  1878,  article  31,  concerning  detailed  provisions  for  the 
execution  of  the  German  law  on  the  constitution  of  courts  of  justice  of  January  27,  1877  : 
"  Supreme  Court." 


380  CONSTITUTIONS  OF   THE  GERMAN  STATES. 

CHAPTER    4.  THE   LEGISLATURE. 

Art.  89.  The  Estates  coming  together  at  the  summons  of  the  Sov- 
ereign shall  form  the  legislature. 

Art.  90.  Upon  order  of  the  Ministry  the  summons  shall  be  issued 
to  the  State  marshal  and  by  him  to  each  individual  deputy  with 
specification  of  the  time  and  place.  Those  summoned  shall  promptly 
advise  the  State  marshal  when  they  shall  be  prevented  from  appear- 
ing, in  order  that  their  substitutes  may  be  summoned  in  their  place 
or  the  Government  be  requested  to  order  a  new  election. 

Art.  91.  The  legislature  shall  be  considered  legally  constituted 
when,  after  being  summoned,  at  least  20  representatives  are  assembled. 
The  Government  shall  be  informed  that  this  is  the  case,  whereupon 
the  formal  opening  shall  take  place. 

Art.  92.  The  opening  shall  be  preceded  by  a  church  service,  with 
a  sermon  suitable  to  the  occasion.  Thereupon  the  deputies  shall  as- 
semble in  the  presence  of  the  Duke  or  of  a  commission  appointed  by 
the  Sovereign. 

Those  who  appear  for  the  first  time  shall  take  the  prescribed  oath. 
The  legislature  shall  be  opened  with  an  address  by  the  Duke  or  his 
representative. 

Art.  93.  The  deliberations  of  the  legislature  shall  be  occasioned : 

(a)  By  proposals  of  the  Sovereign,  which  shall  be  disposed  of  be- 
fore all  other  business  in  the  order  in  which  they  appear  or  as  de- 
termined by  the  Sovereign ; 

(h)  By  motions  of  the  members,  which  shall  always  be  delivered 
in  writing  to  the  State  marshal  in  such  a  way  that  only  the  proposal 
is  definitely  expressed,  and  no  decision  may  be  reached  concerning 
any  motion  merely  incidentally  expressed; 

((?)  By  communications  and  remonstrances  of  others,  which,  how- 
ever, may  only  be  brought  forward  for  discussion  when,  after  a  state- 
ment of  the  contents  and  the  reading  aloud  oi  the  petition,  a  repre- 
sentative declares  himself  ready  to  support  the  same. 

Art.  94*.  The  proposals  and  motions  of  the  Sovereign  shall  be  the 
first  open  for  discussion  in  which  every  one  shall  have  the  right  to 
express  his  opinions.  The  representatives  of  the  Sovereign  shall 
take  part  in  the  same  in  so  far  as  it  may  seem  to  them  necessary. 
But  after  they  have  given  the  necessary  explanations,  they  shall  give 
time  to  the  Estates  for  further  deliberation  in  their  absence.  The 
right  of  secret  sessions  shall  be  reserved  to  the  Estates  at  which  the 
representatives  of  the  Sovereign  shall  not  be  present. 

Art.  95.^ 

1  Article  95  repealed;  cf.  note  to  article  .58;  likewise  article  98. 


CONSTITUTIOISr   OF   SAXE-MEININGEN.  381 

Art.  96.  In  case  an  Estate  shall  consider  its  established  rights 
prejudiced  by  a  decision  of  the  legislature,  the  same  shall  have  the 
right  to  pr/Opose  to  the  Sovereign,  with  a  clear  presentation  of  its 
reasons  in  a  special  remonstrance  to  the  end  that  the  consent  of  the 
Sovereign  be  denied  to  this  decision. 

If  upon  closer  investigation  of  the  decision  such  an  interest  should 
develop,  and  if  the  act  should  not  be  entirely  worthy  of  rejection,  the 
same  shall  be  referred  back  to  the  legislature  for  further  delibera- 
tion and  amicable  settlement.  If  a  settlement  does  not  even  then 
come  about,  however,  the  decision  of  the  Sovereign  shall  go  into 
effect. 

Art.  97.  The  legislature  shall  bring  its  declarations  and  wishes 
before  the  Sovereign  in  the  form :  "  most  humble  declaration  '• — or 
"  request "  with  the  signature :  "  the  loyal  Estates  of  the  Duchy." 

Art.  98.1 

Art.  99.  The  representatives  may  not  be  called  to  legal  account  for 
their  utterances  in  the  Assembly  of  the  Estates. 

It  shall  be  incumbent  upon  the  legislature,  however,  to  prevent  and 
to  censure  improper  and  unconstitutional  expressions  and  declara- 
tions. 

To  this  end : 

1.  The  State  marshal  shall  have  the  right  and  the  duty  to  call  to 
order  any  one  who,  without  having  the  floor,  insists  on  speaking,  in- 
terrupts others,  digresses  while  speaking,  and  who  allows  himself 
improprieties ; 

2.  The  Assembly  of  Estates  shall  do  the  same  when  the  behavior 
deserves  a  more  serious  censure,  and 

3.  It  may  go  so  far  as  to  expel  a  deputy  entirely  by  a  majority  of 
three-fourths  of  those  present,  whereupon  his  substitute  shall  be 
summoned. 

Art.  100.  No  deputy  shall  absent  himself  from  the  legislature  with- 
out giving  his  reasons,  concerning  which  the  legislature  shall  decide. 

The  course  of  justice  shall  not  be  hindered  in  the  case  of  deputies; 
only  during  their  presence  at  the  legislature  they  shall  not  be  sum- 
moned to  appear  personally  in  affairs  of  civil  laV7  or  in  police  matters, 
nor  in  these  matters  may  they  be  arrested,  except  for  notes  due. 

When  imprisonment  for  debt  or  a  criminal  examination  shall  be 
pronounced  against  a  deputy  his  substitute  shall  be  summoned. 

Art.  101.  The  legislature  shall  be  closed  by  a  declaration  of  the 
Sovereign  and  shall  immediately  disperse  without  being  able  to  pro- 
ceed to  further  business. 

1  Article  98  repealed. 


382  CONSTITUTIONS  OF   THE   GERMAN  STATES. 

Section  VII. — General  provisions. 

Art.  102.  The  Sovereign  himself  shall  be  above  all  personal  re- 
sponsibility. All  acts  of  the  Government  must,  however,  be  carried 
out  under  the  personal  responsibility  of  a  State  official. 

Art.  103.  To  this  end  every  decree  promulgated  in  the  name  of  the 
Sovereign  must  be  countersigned  by  a  member  of  the  Privy  Council 
or  of  the  Ministry,  who  shall  be  personally  responsible  for  the  legality 
of  the  same. 

Art..  104.  The  responsibility  for  any  illegal  decree  shall  fall  di- 
rectly upon  him  from  whom  it  proceeded;  orders  of  a  higher  au- 
thority shall  protect  such  only  when  they  have  proceeded  in  proper 
form  from  the  qualified  superiors. 

Art.  105.  All  jurisdiction  shall  proceed  from  the  State  and  the 
Sovereign  and  shall  be  exercised  only  by  the  courts  directly  or  indi- 
rectly instituted  by  the  State,  and  the  course  of  justice  shall  not  be 
hindered. 

Art.  106.  The  right  of  pardon  in  criminal  cases  shall  belong  only 
to  the  Sovereign,  but  with  the  restriction  that : 

1.  The  pardon  granted  shall  hinder  no  one  from  prosecuting  his 
private  claims  proceeding  from  some  infringement  of  the  law ; 

2.  An  official  who  has  been  sentenced  to  dismissal  upon  impeach- 
ment by  the  Estates  may  be  pardoned  so  far  as  his  punishment  is  con- 
cerned, but  may  not  remain  in  the  service  of  the  State  or  be  taken 
into  the  same  again  or  draw  any  pension  from  any  State  treasury. 

Art.  107.  Should  a  change  in  the  Government  come  about,  the  new 
Sovereign  shall  at  his  accession  pledge  himself  in  writing  upon  his 
princely  word  and  honor  to  observe  the  whole  Constitution  as  set 
forth  in  this  document,  to  maintain  the  same,  and  to  protect  it.  In 
order  to  receive  this  assurance  from  the  Prince  before  the  doing  of 
homage  by  the  Estates,  the  legislature  shall  be  summoned  in  special 
session.  In  case  of  the  minority  of  the  Sovereign,  or  because  of  any 
other  hindrance  at  his  accession,  this  assurance  shall  be  given  by  the 
regent  for  the  time  of  his  administration. 

Art.  108.  All  State  officials  shall  be  sworn  to  the  observance  of  the 
fundamental  law. 

Art.  109.  No  change,  either  direct  or  indirect,  shall  in  any  way  be 
made  in  this  fundamental  law  or  in  the  Constitution  established  there- 
by without  the  common  agreement  of  the  Sovereign  and  the  legis- 
lature. 

Art.  110.  The  older  provincial  constitutions  are  declared  null  and 
void  as  soon  as  the  present  fundamental  law  goes  into  effect  with  the 
opening  of  a  legislature. 


CONSTITUTION   OF   SAXE-MEININGEN.  383 

The  former  provincial  corporations  shall  retain,  however,  their 
corporate  rights  with  reference  to  their  present  special  civil  law 
affairs  and  claims  until  the  same  shall  have  been  disposed  of. 

In  witness  whereof  we  have  hereunto  set  our  signature  and  ducal 
seal. 

Given  at  Elisabethenburg  in  Meiningen,  the  twenty-third  of  Au- 
gust, 1829. 

[l.  s.]  BERNHAED  ERICH  FREUND. 

Ch.  F.  Baron  v.  Koenitz. 
•    VON  Baumbach. 

D.  V.  Stein. 

VON  FiSCHERN. 


SAXE-WEIMAR-EISENACH. 

EEVISED  FUNDAMENTAL  LAW  OF  OCTOBER  15,  1850.^ 
[Preamble.] 

We,  Carl  Friedrich,  by  the  grace  of  God,  Grand  Duke  of  Saxe- 
Weimar-Eisenach,  Landgrave  in  Thuringia,  Margrave  of  Meissen^ 
princely  Count  of  Henneberg,  Lord  of  Blankenhayn,  Neustadt,  and 
Tautenburg,  etc.,  etc. 

Inasmuch  as  various  changes  in  the  fundamentrfl  law  concerning 
the  Constitution  of  the  Grand  Duchy  of  May  5,  1816,  granted  by  out 
deceased  father,  the  Grand  Duke  Carl  August,  have  proved  necessary 
or  suitable  in  th6  course  of  time  and  under  many  changes  of  circum- 
stances, a  revision  of  this  fundamental  law  has  been  ordered  by  us; 
and  inasmuch  as  this  has  taken  place  within  the  constitutionally  pre- 
scribed forms,  with  the  advice  and  assent  of  our  loyal  legislature,  w^ 
do  herewith  promulgate  the  following  "revised  fundamental  law 
concerning  the  Constitution  of  the  Grand  Duchy  of  Saxe-Weimar- 
Eisenach  of  May  5, 1816 :" 

Section  1. — General  Provisions. 

Article  1.  There  shall  be  a  Constitution  in  the  Grand  Duchv  of 
Saxe-Weimar-Eisenach  which  shall  be  common  to  all  parts  of  the 
Grand  Duchy  as  a  whole. 

Art.  2.  All  citizens  shall  be  represented  by  men  who  proceed  from 
their  midst  as  legislative  representatives  by  free  election.  A  special 
law  shall  determine  the  mode  of  election. 

Art.  3.  All  rights  belonging  to  the  legislature  shall  be  exercised 
only  by  the  representatives  elected  according  to  this  law  in  such  a 
manner  and  under  such  conditions  as  are  written  down  in  the  present 
Constitution,  being  the  fundamental  law  of  the  Grand  Duchy  of 
Saxe-Weimar-Eisenach. 

Section  2. — Rights  of  the  Legislature. 

Art.  4.  The  legislature  shall  have  the  following  rights : 

1.  The  right  to  investigate  in  common  with  the  Sovereign  the  needs 

of  the  State  and  to  determine  the  income  and  expenditures  necessary 

for  the  meeting  of  the  same; 

1  Translation  by  R.  B.  Roulston  based  on  the  text  as  found  in   Stoerk-Rauchhanpt,. 
pp.  436-446.  .       .' 

384 


CONSTITUTION    OF   SAXE-WEIMAR-EISENACH.  385 

2.  The  right  to  be  heard  concerning  all  taxation  and  other  burdens 
imposed  upon  citizens  as  well  as  concerning  any  general  decree,  which 
might  have  influence  upon  the  same,  before  such  are  carried  out,  in 
such  a  way  that  without  this  hearing  and  without  the  consent  of  the 
legislature  no  taxes  or  other  imposts  and  duties  may  be  levied  or 
raised  in  the  country,  no  loans  upon  the  State  treasury  or  upon  the 
property  of  citizens  may  be  made,  and  no  other  financial  measures 
may  be  adopted  which  might  tax  public  property  or  that  of  citizens 
or  which  might  involve  the  endangering  of  the  interests  of  the 
legislature ; 

3.  The  right  to  audit  the  av'^counts  of  the  State  treasury  and  to 
demand  information  concerning  disputed  points  noted  therein  as 
well  as  an  accounting  of  the  expenditure  of  the  incomes  of  the  State 
treasury  and  from  the  property  of  citizens; 

4.  The  right  to  report  to  the  Sovereign  any  defects  or  abuses  in 
the  legislation  and  administration  of  the  country  with  respectful 
proposals  for  the  removal  of  the  same ; 

5.  The  right  to  lodge  complaints  or  accusations  against  the  Min- 
istry or  against  individual  members  of  the  same ; 

6.  The  right  to  take  part  in  the  legislation  in  such  a  way  that 
laws  which  concern  the  national  Constitution  or  which  deal  with 
the  personal  freedom,  the  safety,  and  the  property  of  citizens,  ^vhether 
in  the  whole  country  or  in  any  parts  of  the  same,  may  not  be  pro- 
mulgated or  authentically  interpreted  without  the  consent  of  the 
legislature. 

Laws  which  shall  obtain  only  for  single  corporations  in  the  country 
may,  however,  in  agreement  with  the  corporation  be  promulgated  by 
the  Sovereign  without  the  consent  of  the  legislature;  also  merely 
local  laws  in  agreement  with  the  commune. 

7.  The  right  that  no  cession  of  national  territory,  whereby  subjects 
of  the  State  cease  to  be  citizens  of  the  same,  may  be  made  without  its 
consent ; 

8.  The  right  to  have  the  powers  defined  in  article  14  exercised  by 
the  executive  committee  of  the  legislature  when  the  legislature  is  not 
in  session. 

Section  3. — Legislature^  Executive  C orriTiiittee^  Rights  of  Repre- 
sentatives^ Recorder^  Opening  of  the  Legislature^  Standing  Rules 
and  Orders^  Adjournment^  Closing^  Dissolution  of  the  Legislature. 

Art.  5.  The  assembly  of  legislative  representatives  elected  accord- 
ing to  the  Constitution  shall  form  the  legislature. 

Art.  6.  The  legislature  shall  meet  in  regular  and  special  sessions. 
The  representatives  shall  be  called  together  in  regular  session  every 
92975—19 25 


386  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

three  years,  in  the  last  year  of  a  fiscal  period ;  a  special  session  shall 
be  called  as  often  as  it  is  necessar}'^  in  the  judgment  of  the  Sovereign 
or  according  to  articles  16,  68  of  this  law. 

Art.  T.  The  place  where  the  legislature  shall  be  held  depends  upon 
the  decision  of  the  Sovereign;  but  the  same  must  of  necessity  lie 
within  the  Grand  Duchy. 

As  a  rule  the  capital  city  of  Weimar  shall  be  considered  the  place 
of  meeting. 

Art.  8.  After  the  opening  of  a  regular  or  special  session  of  the 
legislature  the  oldest  member  of  the  same,  as  president  by  seniority, 
shall  temporarily  preside,  and  if  at  least  two-thirds  of  the  members 
are  present,  he  shall  call  upon  them  to  elect  a  president. 

Art.  9.  The  Sovereign  shall  merely  be  informed  of  the  election  of 
the  president  and  the  two  vice-presidents  which  shall  proceed  ac- 
cording to  the  provisions  of  the  standing  rules  and  orders. 

Art.  10.  The  president  shall  direct  the  election  of  the  two  (first 
and  second)  vice-presidents  which  shall  likewise  proceed  according 
to  the  provisions  of  the  standing  rules  and  orders. 

Art.  11.  The  president  and  the  vice-presidents  shall  form  the 
executive  committee  of  the  legislature. 

Art.  12.  The  executive  coinmittee  of  the  legislature  shall  remain  in 
office  until  the  coming  together  of  the  next  regular  or  special  session 
of  the  legislature,  even  in  case  the  dissolution  of  the  legislature  has 
taken  place. 

Art.  13.  The  sittings  shall  be  public.  The  standing  rules  and  or- 
ders shall  determine  under  what  conditions  secret  sessions  may  be 
held. 

The  legislature  may  hold  no  sessions  unless  at  least  two-thirds  of 
the  representatives  are  present.  Any  resolution  passed  while  this 
provision  is  disregarded  shall  be  null  and  void. 

Art.  14.  The  rights  and  duties  of  the  executive  committee  are  as 
follows : 

(1)  Whenever  a  session  of  the  legislature  has  been  ordered,  it  shall 
be  incumbent  upon  the  executive  committee  to  summon  the  repre- 
sentatives of  the  legislature;  other  general  or  special  communica- 
tions to  such  representatives  may  also  only  proceed  from  it. 

(2)  The  executive  committee  shall  so  prepare  all  matters  that  the 
legislature  at  the  opening  of  each  session  may  immediately  proceed 
to  business. 

To  this  end  all  necessary  communications  shall  be  sent  to  the 
executive  committee  in  ample  time  before  the  opening  of  a  legislative 
session:  both  before  and  during  a  session  the  committee  may  with 
regard  to  the  necessary  information,  explanations,  and  documents 
h;no  re('c)ur*.-;e  to  the  Ministry,  which  shall  grant  the  desired  explana- 


CONSTITUTIOIT   OF   SAXE-WEIMAR-EISENACH.  387 

tions  and  information,  unless  some  serious  objections  should  arise, 
in  which  case  the  reasons  for  the  refusal  shall  be  stated. 

The  Ministry  shall  also  in  any  national  crisis  inform  the  executive 
committee,  so  that  it  may  have  the  opportunity  to  perform  its  proper 
duties. 

(3)  At  all  legislative  sessions  the  committee  shall  direct  and  dis- 
tribute the  business  of  the  session  according  to  the  provisions  of  the 
standing  rules  and  orders. 

(4)  It  shall  be  the  duty  of  the  executive  committee  of  the  legis- 
lature : 

(a)  To  see  to  the  temporary  filling  of  such  legislative  positions 
whicli  may  not  remain  unfilled  until  the  next  session  of  the  legis- 
lature (article  23)  ; 

(h)  To  control  continually  the  course  of  all  legislative  business, 
to  prevent  any  unconstitutional  acts,  and  to  see  to  it  that  the  decrees 
of  the  legislature  and  the  Sovereign  are  really  executed ; 

(c)  Immediately  to  report  to  the  Sovereign  whenever  a  matter 
ccmcerning  the  general  welfare,  the  execution  of  which  rests  upon 
an  already  existing  laAv,  appears  so  urgent  that  the  same  can  not 
well  be  deferred  until  the  next  legislative. session;  also  during  re- 
cesses of  the  legislature  to  make  reports  and  com]~)laints  to  the  Sover- 
eign concerning  the  State  administration ; 

(d)  To  propose  the  ordering  of  a  special  session  of  the  legislature, 
Avhenever  such  may  prove  necessary,  with  a  complete  statement  of  all 
reasons  therefor; 

(e)  To  assemble  at  the  place  in  the  Grand  Duchy  set  apart  for  its 
meetings  as  often  as  it  is  called  by  the  presiding  officer  or  by  the 
Sovereign. 

Art.  15.  The  president  shall  preside  over  the  executive  committee 
;ind  over  the  legislature  itself.  Only  Avhen  he  is  prevented  from 
doing  so  shall  the  first  vice-president  take  his  place;  when  the  latter 
is  also  unable  to  do  this,  the  second  vice-president  shall  be  his  substi- 
tute. The  executive  committee  shall  pass  resolutions  by  a  majority 
vote.    In  case  of  a  tie,  the  president  shall  cast  the  deciding  vote. 

Art.  16.  If  a  member  of  the  executive  committee  resigns  between 
two  sessions  of  the  legislature,  those  who  remain  in  office  shall  con- 
duct the  business  until  the  opening  of  the  next  legislature.  If  two 
members  of  the  executive  committee  resign  between  two  legislatures, 
the  functions  of  the  office  shall  be  united  in  the  sole  surviving  mem- 
ber. In  the  last  case,  however,  a  session  of  the  legislature  shall  be 
ordered  for  the  purpose  of  a  new  election. 

Art.  it.  Every  representative,  from  whatever  district  he  may  be, 
represents  all  citizens,  and  shall  recognize  no  other  guide  of  conduct 
except  the  laAvs,  his  convictions,  and  his  own  conscience.    As  a  result . 

(1)  N'o  representative  has  any  special  obligations  towards  those 
who  elected  him: 


388  CONSTITUTIONS  OF   THE  GERMAN  STATES. 

(2)  All  directions  (instructions)  whereby  th^  freedom  of  voting 
of  any  representative  is  in  any  way  restricted  shall  be  unlawful 
and  invalid; 

(3)  If  a  representative  assumes  the  commission  of  bringing  com- 
plaints and  petitions  before  the  legislature,  to  which  he  is  entitled, 
this  is  to  be  understood  as  not  hindering  his  freedom  of  opinion  and 
of  voting. 

Art.  18.  No  one  may  be  held  responsible  for  his  utterances  in  the 
assembly  of  the  legislature.  Every  defamation  of  the  lofty  person 
of  the  Sovereign  and  every  insult  to  the  Government,  the  legislature, 
or  individuals  is,  however,  forbidden  and  punishable  according  to 
the  laws. 

Art.  19.  No  representative  of  the  legislature  may,  during  the  ses- 
sion of  the  legislature  and  until  eight  days  after  the  close  or  after 
an  adjournment  of  the  same,  be  arrested  or  be  summoned  for  exami- 
nation for  a  penal  offence  without  its  consent,  with  the  single  excep- 
tion when  caught  in  the  act.  In  this  last  case  the  legislature  shall 
immediately  be  informed  of  the  ineasures  taken,  and  it  has  the  right 
to  decree  the  postponement  of  the  arrest  or  of  the  examination  until 
eight  days  after  the  close  of  the  legislature.  The  legislature  has 
this  right  also  with  regard  to  an  arrest  or  examination  which  has 
already  been  pronounced  upon  a  representative  at  the  time  of  the 
opening  of  the  legislature,  or  which  is  pronounced  during  an  ad- 
journment. 

Art.  20.  All  representatives  shall,  for  the  period  of  their  stay  in 
the  legislature,  from  and  including  the  day  before  the  appointed 
opening  until  and  including  the  day  after  the  close  of  the  legislature, 
receive  from  the  State  treasury  a  daily  compensation,  likewise  for 
every  mile  of  distance  of  their  native  dwelling  place  from  the  place 
of  the  legislature  a  reimbursement  for  traveling  expenses. 

Arts.  21-25.^ 

Art.  26.  Whenever  a  session  of  the  legislature  is  to  be  called,  the 
decree  promulgated  by  the  Sovereign  for  that  purpose  shall  go  to 
the  executive  committee,  which  shall  issue  a  written  summons  to  each 
representative. 

As  soon  as  a  representative  arrives  at  the  legislature  in  accordance 
with  such  summons,  he  shall  report  to  the  president. 

Art.  27.  As  soon  as  at  least  two-thirds  of  the  representatives  have 
reported  to  the  president  after  such  summons  for  a  regular  or  spe- 

1  Articles  21-25  were  repealed  by  the  amendment  to  the  revised  fundamental  law  of 
March  27,  1878,  and  were  replaced  by  the  provision  in  article  1  of  the  law  cited  :  "  The 
standing  rules  and  orders  shall  contain  the  detailed  provisions  as  to  who  shall  in  the 
future  perform  the  duties  formerly  falling  to  the  recorder  of  the  legislature." 


CONSTITUTION   OF   SAXE- WEIMAR-EISENACH.  389 

cial  session  of  the  legislature,  the  session  shall  be  opened  by  the 
Sovereign  himself  or  by  a  commission  appointed  for  this  purpose, 
after  the  executive  committee  has  previously  notified  the  Ministry. 

Art.  28.  The  assembly  of  the  legislature  shall  form  one  chamber. 

Art.  29.  The  Sovereign  shall  have  his  proposals  communicated  in 
writing,  either  in  toto  or  in  sections. 

Commissioners  of  the  Sovereign  may  attend  all  deliberations  and 
final  decisions  of  the  legislature  and  shall  be  entitled  to  take  part  in 
the  deliberations  but  shall  upon  being  questioned  give  any  desired 
information  or  state  the  reasons  why  the  same  may  not  be  given. 
The  heads  of  departments  of  the  Ministry  possess  the  necessary  cre- 
dentials as  such;  other  State  officials  who  are  delegated  as  commis- 
sioners by  the  Sovereign  or  by  the  head  of  a  department,  either  per- 
manently or  for  special  matters,  shall  furnish  special  credentials. 

Art.  30.  Every  representative  shall  have  the  privilege  of  bring- 
ing proposals  before  the  assembly. 

Art.  31.  Committees  shall  regularly  be  chosen  to  consider  the 
matters  which  are  brought  before  the  legislature  for  its  decision. 
Such  committees  may  also  meet  when  the  legislature  is  not  in  ses- 
sion, when  called  together  by  the  president  of  the  legislature  and 
with  the  consent  of  the  Sovereign,  and  "the  provisions  in  articles 
19,  20  are  likewise  then  applicable  to  the  members  of  the  committee. 

Art.  32.  The  acts  of  the  legislature,  either  in  single  documents 
or  several  together,  shall  be  signed  Hy  the  presiding  officer  or  his 
deputy  and  delivered  to  the  Sovereign. 

The  Sovereign  shall  hereupon  likewise  have  his  decision  sent  to 
tlie  legislature  in  writing. 

Art.  33.  The  standing  rules  and  orders  shall  contain  the  detailed 
provisions  concerning  the  order  of  business. 

Art.  34.  The  Sovereign  shall  have  the  right  not  only  to  adjourn 
the  legislature  or  to  close  it  by  dismissal,  but  also  to  dissolve  it 
entirely. 

The  adjournment  may  not  exceed  the  period  of  thirty  days  with- 
out the  consent  of  the  legislature  and  may  not  occur  again  during 
the  same  session. 

If  the  legislature  be  dissolved,  the  commission  of  each  and  every 
representative  shall  expire.  New  elections  must  then  be  ordered, 
however,  at  which  the  members  of  the  dissolved  legislature  shall  be 
eligible  for  reelection.  Should  such  an  order  not  follow  within  three 
months'  time,  the  dissolved  legislature  shall  fer  se  be  considered  re- 
constituted. 


390  CONSTITUTIONS  OF   THE  GERMAN  STATES. 

Section  4. — Detailed  Proinsions   Gonceming   the  Exercise   of   the 
Rights,  Belonging  to  the  Legislature. 

Art.  35.  If  the  Sovereign  and  the  legislature  are  agreed  as  to  the 
total  taxes  necessary  for  and  in  the  next  three  fiscal  years,  and  as 
to  their  amount,  kind,  and  manner  of  levying,  then  such  assess- 
ments, as  having  been  granted  by  the  legislature  and  accepted  by  the- 
Sovereign,  shall  be  published  in  a  special  taxation  law. 

Art.  36.  Such  budgets  as  are  determined  by  the  legislature  and 
recognized  by  the  Sovereign  shall  be  adhered  to  most  strictly  and 
inviolably  during  the  fiscal  years,  and  the  Sovereign  himself  shall 
not  be  permitted  to  make  any  order  against  one  of  the  State  treas- 
uries which  is  in  any  wise  contrary  to  its  budget. 

Art.  37.  If  before  the  close  of  a  fiscal  period  an  agreement  should 
not  be  reached  between  the  Government  and  the  legislature  con- 
cerning the  budget  to  be  submitted  to  the  legislature,  especially  con- 
cerning the  taxes  to  be  levied  to  meet  the  needs  of  the  State,  then  for 
another  half  year  the  taxes  granted  in  the  previous  budget,  together 
with  other  incomes,  may  be  levied  and  spent  according  to  the  pro- 
visions of  the  last  budget  of  expenditures. 

Art.  38.  From  the  close  of  the  six  months  (article  37)  on,  only 
such  expenditures  as  are  imperative  to  the  fulfilling  of  those  obliga- 
tions of  the  State,  the  payment  of  which  may  legally  be  demanded 
from  the  treasury,  may  be  made  from  the  income  from  State  prop- 
erty, from  indirect  taxes,  and  in  case  of  need  from  extra  taxes  which 
may  be  levied. 

Art.  39.  The  domains  may  be  sold  only  with  the  consent  of  the 
legislature,  special  provisions  being  reserved  for  exceptional  cases. 

Art.  40.  The  consent  of  the  legislature  shall  not  be  necessary  for 
the  sale  of  less  important  parts  of  the  State  property,  especially  for 
the  discharge  of  the  rights  and  obligations  of  the  same. 

Art.  41.  All  moneys  and  incomes  proceeding  from  such  sales  and 
discharges  shall  be  reserved  for  the  common  funds  of  the  State. 

Art.  42.  Loans  may  be  raised  on  the  security  of  funds  on  hand 
and  those  due  to  two  thirds  of  their  amount  without  the  consent  of 
the  legislature. 

Art.  43.  If  in  the  time  between  two  regular  sessions  of  the  legis- 
lature such  unusual  and  unforseen  events  occur  as  shall  impera- 
tively demand  a  considerable  payment  from  the  State  treasury 
which  was  not  reckoned  in  the  budget,  or  such  as  shall  necessitate 
further  efforts  and  exertions  on  the  part  of  citizens,  then  a  special 
session  of  the  legislature  shall  be  ordered. 

Art.  44.  The  inspection,  examination,  and  auditing  of  all  ac- 
counts of  the  main  treasuries  directly  subordinated  to  the  Treasury 
Department  shall  take  place  annually  by  a  commission  especially  ap- 


CONSTITUTION    OF    SAXE-WEIMAR-EISENACH.  89.1 

pointed  for  that  purpose  by  the  Treasury  Department  and  by  a  com- 
mittee of  representatives  of  the  legishiture  (the  connniltee  of  ac- 
counts). This  committee  shall  consist  of  the  executive  connnittee 
of  the  legislature  and  of  six  representatives  elected  by  the  legisla- 
ture by  an  absolute  majority  vote.  The  election  shall  be  for  the 
length  of  a  fiscal  period.  The  approval  shall  be  limited  to  the  ac- 
counts of  the  main  State  treasury  and  such  special  treasuries  as  are 
si  ill  to  be  designated.  Nevertheless,  the  committee  of  accounts  shall 
have  the  privilege  of  looking  into  the  accounts  of  those  offices  in- 
directly or  directly  subordinated  to  the  main  State  treasury  whicli 
may  be  considered  as  vouchers  for  the  accounts  ot  the  main  State 
treasury  and  to  have  these  or  any  among  them  submitted  to  a  re- 
vision. The  certificate  of  approval  for  the  discharge  of  the  ac- 
countants shall  be  given  by  those  members  of  the  committee  of  ac- 
counts and  of  the  commission  of  the  Treasury  Department  who  ha\e 
faken  pari  in  the  auditing. 

Art.  45.  Should  complaint  be  made  to  the  Sovereign  on  the  part 
of  the  legislature  on  account  of  abuses  noted  in  the  legislation  or 
administration,  it  shall  be  absolutely  necessary,  in  spite  of  the  right 
conceded  to  the  executive  committee  (article  14),  that  the  matter 
come  before  the  legislature  for  discussion  nnd  be  voted  on. 

Neither  an  individual  representative  nor  several  together  may  have 
direct  recourse  to  the  Sovereign  in  this  capacity. 

Art.  46.  If  any  citizen,  who  to  be  sure  is  like  others  represented 
by  the  legislature,  but  who  is  not  a  popular  representative  himself, 
should  notice  a  weakness  the  removal  of  which  seems  demanded  by 
the  common  welfare,  or  has  conceived  a  proposal  which  in  his 
opinion  would  tend  to  the  good  of  the  country,  he  shall  have  the 
privilege  of  informing  the  legislature  or  the  executive  committee 
thereof  in  writing.  But  delegations  for  this  or  any  other  purpose 
shall  not  be  permitted  to  appear  in  the  legislature. 

Art.  47.  No  decree  of  the  Sovereign  shall  be  a  valid  act  of  the 
Government  except  when  it  is  issued  in  writing  and  countersigned 
by  one  or  more  departmental  heads. 

When  it  is  a  question  of  governmental  acts  which  belong  merely 
to  a  definite  department,  only  the  counter-signature  of  the  head  of 
this  department  or  his  deputy  shall  be  necessary.  In  the  case  of  such 
orders,  however,  as  do  not  belong  exclusively  to  one  or  the  other  de- 
partment, all  departmental  heads  whose  departments  the  matter  con- 
cerns or  their  deputies  shall  countersign  the  same.  The  validity  of 
the  order  shall  also  in  this  case,  however,  not  depend  upon  the  number 
of  counter-signatures. 

Art.  48.  The  heads  of  departments  in  the  Ministry,  as  such  and  as 
members  of  the  Ministry  as  a  whole,  shall  not  only  be  responsible  ac- 
cording to  the  principles  of  civil  law  for  any  harm  or  disadvantage 


392  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

inflicted  upon  the  State  as  a  result  of  their  official  acts,  whether  of 
omission  or  commission,  or  whether  the  same  be  brought  about  by 
them  with  evil  intent  or  through  their  fault,  but  they  shall  also  be 
])unishecl  according  to  the  provisions  of  the  penal  code  on  accoimt 
of  any  violations  of  the  Constitution  or  infringements  of  the  law 
caused  by  their  official  acts. 

Art.  49.  The  legislature  may,  according  to  its  judgment,  lodge  an 
accusation  or  complaint  on  account  of  the  official  administration  of 
the  heads  of  departments  w^hen  it  is  a  matter  of  the  embezzlement  of 
public  moneys,  corruptibility,  unlawful  interference  with  the  course 
of  justice,  intentional  delays  in  the -administration,  or  other  arbitrary 
interferences  with  the  Constitution  or  the  lawful  freedom,  honor, 
and  property  of  citizens,  or  finally  such  other  violations  of  the  offi- 
cial duties  of  the  head  of  a  department,  which  are  exclusively  re- 
served for  legal  punishment.  In  other  cases  and  when  only  the 
inexpediency  of  action  is  alleged,  only  the  lodging  of  complaint  shall 
be  allowed. 

The  legislature  shall  also  have  the  right  to  lodge  at  the  same  time 
accusation  or  complaint  against  the  accomplices  of  the  heads  of 
departments. 

Art.  50.  When  the  legislature  shall  have  decided  to  lodge  a  com- 
plaint, the  same  shall  be  directly  transmitted  to  the  Sovereign  by 
the  executive  committee,  whereupon  the  official  in  question  shall  have 
the  privilege  of  being  heard  and  of  giving  an  answer  in  which  the 
order  or  other  measure  under  attack  is  to  be  justified.  Should  this 
answer  not  seem  sufficient  or  should  it  seem  to  establish  the  censure 
made  by  the  legislature  in  whole  or  in  part,  then  there  shall  follow 
on  the  part  of  the  Sovereign  the  direction  to  make  good  the  mistake, 
to  remove  the  defect,  or  to  abolish  the  abuse ;  the  Sovereign  shall  also 
have  the  right  reserved,  even  upon  a  mere  lodging  of  complaint, 
when  upon  closer  investigation  greater  improprieties  come  to  light, 
to  propose  the  formal  investigation  and  punishment  before  the  State 
court  (article  51). 

The  legislature  shall  always  be  informed  of  the  result  of  the  com- 
plaint lodged. 

Art.  51.^  For  the  trial  of  investigations  instituted  against  heads 
of  departments  by  order  of  the  Sovereign,  as  well  as  of  accusations 
brouglit  against  the  same  by  the  legislature,  a  special  State  Court 
shall  be  established  which  shall  consist  of  the  president  of  the  Su- 
preme Court  and  twelve  judges;  it  shall  have  its  seat  in  Jena. 

Art.«  52.1  Six  of  these  judges  shall  be  chosen  by  the  Sovereign  and 
six  by  the  legislature,  but  in  such  a  manner  that  both  among  those 

^  Articles  51,  52,  53  have  their  present  wording — really  only  the  substitution  of  Oher- 
landefifjericht  for  Oher-Appcllationsgericht — in  accordance  with  the  amendment  of  March 
27,  1878,  to  the  revised  fundamental  law  of  October  15,  1850. 


CONSTITUTION   OF   SAXE-WEIMAK-EISENACH.  393 

chosen  by  the  Sovereign  and  among  those  chosen  by  the  legislature 
tliere  shall  be  two  judges  of  the  Supreme  Court.  Members  of  the 
legislature  may  not  be  members  of  the  State  Court.  The  iudges 
chosen  thereto  shall  not  be  denied  a  leave  of  absence. 

At  each  regular  Session  of  the  legislature  the  choice  of  members 
of  the  State  Court  may  entirely  or  in  part  be  renewed  both  by  the 
Sovereign  and  by  the  legislature. 

Art.  53.^  The  president  of  the  Supreme  Court  shall  preside  over 
the  State  Court,  or  in  the  case  of  his  being  prevented  the  oldest 
member  from  among  those  judges  chosen  from  the  Supreme  Court. 

Art.  54.  The  secretaries  and  other  assistants  to  be  assigned  to  the 
State  Court  shall  be  chosen  by  the  president. 

Art.  55.  Should  any  members  of  the  State  Court  resign  because 
of  objections  raised  or  for  other  reasons  concerning  the  validity  of 
which  the  State  Court  shall  decide,  then  the  State  Court  shall  fill 
its  numbers  by  its  own  choice  from  among  the  judges  of  national 
courts. 

Art.  56.  The  State  Court  shall  have  the  authority  to  try  all  im- 
peachment cases  and  to  decide  concerning  the  same. 

Art.  57.  A  special  law  shall  contain  the  provisions  concerning  the 
impeachment  to  be  made  against  the  heads  of  departments  as  well 
as  concerning  the  procedure  to  be  followed. 

Art.  58.  The  decision  concerning  impeachments  shall  be  made  in 
accordance  with  the  existing  laws.  The  same  shall  be  extended  to 
dismissal  and  removal  from  office  where  there  is  legal  reason  for  the 
same. 

If  the  State  treasury  is  concerned  in  such  a  criminal  procedure, 
then  upon  motion  of  the  legislature  the  decision  shall  be  made  ac- 
cording to  the  provisions  of  the  civil  law  as  well  as  with  regard  to 
the  cause  of  accusation  itself. 

If  the  head  of  a  department  is  condemned  to  punishment  by  the 
State  Court  without  his  being  sentenced  to  dismissal  or  removal 
from  office,  he  shall  nevertheless  resign  from  his  office  as  head  of  a 
■department. 

Art.  59.  With  regard  to  all  cases  to  be  tried  by  the  State  Court 
the  Sovereign  shall  exercise  the  right  of  suppressing  the  investiga- 
tion or  the  right  of  pardon  only  by  means  of  a  law  with  the  consent 
•of  the  legislature. 

Art.  60.  Proposals  for  new  laws  may  be  made  both  by  the  Sov- 
ereign to  the  legislature  and  by  the  legislature  to  the  Sovereign.  If 
in  the  latter  case  the  Sovereign  should  refuse  his  approval,  the  same 
proposal  may  not  be  made  again  during  the  same  session  of  the 
legislature. 

Art.  61.  When  the  legislature  is  not  in  session,  the  Sovereign  shall 
be  authorized  to  promulgate  all  such  laws  which  according  to  the 

iCf.  note  on  p.  392. 


394  CONSTITUTIONS  OF   THE   GERMAN  STATES. 

present  Constitution  need  the  consent  of  the  legislature  (article  4, 
no.  6),  without  the  consent  of  the  same  when  their  purpose  is 
urgently  demanded  by  the  welfare  of  the  State,  and  a  speedy  execu- 
tion of  the  same  is  necessary.  All  changes  of  this  Constitution  and 
of  the  suffrage  laws  shall  be  excepted  herefronl.  Such  provisional 
laws  must  be  guaranteed  and  to  this  end  be  countersigned  by  all 
departmental  heads  present;  they  shall  also  be  brought  before  the 
legislature  at  its  next  session  for  its  approval,  and  upon  their  publi- 
cation in  the  official  gazette  shall  be  expressly  designated  as  pro- 
visional with  the  additional  remark  that,  in  case  they  are  not  ex- 
pressly accepted  by  the  legislature  at  its  next  session,  they  shall  at 
the  end  of  the  same  and  from  that  time  on  be  null  and  void. 

Art.  62.  Upon  the  publication  of  any  law,  in  so  far  as  it  is  not 
designated  expressly  as  merely  provisional  and  only  valid  until  the 
close  of  the  next  session  of  the  legislature,  the  obtained  consent  of  the 
legislature  shall  be  mentioned. 

Art.  63.  Whenever  a  commission  consisting  of  State  officials  and 
members  of  the  legislature  is  to  be  appointed,  only  members  of  the 
legislature  shall  be  chosen  hereto  by  the  legislature. 

Section  5. — Guarantees  of  the  Constitution, 

Art.  64.  No  change,  either  direct  or  indirect,  may  be  made  in  any 
article  of  the  fundamental  law  of  the  Grand  Duchy  of  Saxe- Weimar- 
Eisenach  and  the  Constitution  established  by  the  same,  either  by 
repeal  or  by  amendments,  except  by  means  of  a  law. 

A  period  of  at  least  eight  days  shall  intervene  between  the  deliber- 
ation and  the  final  resolution  in  the  legislature  concerning  a  change 
in  the  fundamental  law,  and  not  only  shall  at  least  three  fourths  of 
the  representatives  be  present  at  the  final  resolution,  but  also  at  least 
two  thirds  of  those  present  must  vote  for  the  change. 

Art.  65.  All  State  officials  shall  in  the  future,  before  their  ap- 
pointment, be  sworn  to  the  observance  and  maintenance  of  the 
present  Constitution. 

Art.  66.  Every  intentional  violation  of  the  Constitution  in  the 
service  of  the  State  shall  be  punished  as  a  violation  of  the  duties  of 
office,  in  so  far  as  a  graver  misdemeanor  is  not  contained  therein. 

Every  action  of  a  State  official  which  is  undertaken  with  the  in- 
tent of  secretly  undermining  this  Constitution  shall  be  punished  as 
high  treason. 

Art. '67.  Should  a  change  in  the  Government  come  about,  the  new 
Sovereign  shall  at  his  accession  bind  himself  in  writing  upon  his 
princely  word  and  honor  to  observe  in  its  entirety  the  Constitution^ 
to  maintain  it,  and  to  protect  it  during  the  period  of  his  reign. 


CONSTITUTION   OF   SAXE-WEIMAB-EISENACH.  395 

Art.  68.  A  special  session  of  the  legislature  shall  be  called  to  re- 
ceive this  written  assurance  from  the  Sovereign  before  the  oath  of 
allegiance  is  taken. 

Art.  69.  In  case  of  the  minority  of  the  Sovereign  or  of  any  other 
hindrance  at  his  accession,  this  same  assurance  shall  be  given  by  the 
regent  (administrator)  for  the  time  of  his  administration. 

TEMPORARY  PROVISION. 

Art.  70.  Until  the  publication  of  the  new  standing  rules  and  or- 
ders for  the  legislature  the  president  shall  be  chosen  according  to 
the  existing  provisions  in  article  4  of  the  law  concerning  the 
executive  committee  and  the  assembly  of  the  legislature  of  November 
18,  1848. 

In  witness  whereof  we  have  hereunto  set  our  signature  and  the 
seal  of  the  Grand  Duchy. 

Done  and  given  at  Weimar  on  the  fifteenth  day  of  October,  1850. 

[l.  s.]  carl  friedrich. 

VON  Watzdort. 
VON  Wydenbrugk. 
G.  Thon. 
vdt.  Ernst  Muller. 


SCHAUMBURG-LIPPE. 

CONSTITUTIONAL  LAW  OF  NOVEMBER  17.  1868.^ 

[Preamble.]  

We,  Adolph  Georg,  by  the  grace  of  God,  ruling  Prince  of 
Schaumburg-Lippe,  noble  Lord  of  Lippe,  Count  of  Sternberg  and 
Schwalenberg,  etc.,  etc.,  announce,  with  the  consent  of  the  Assembly 
called  for  the  establishment  of  the  Constitution  of  the  country,  the 
following  Constitutional  Law : 

Title  I. — Concerning  the  Temtory  of  the  State. 

Article  1.  The  Principality  of  Schaumburg-Lippe  in  its  present 
extent  forms  the  indivisible  and  inalienable  territory  of  the  State. 

A  change  in  the  existing  boundaries  of  the  Principality  requires 
the  consent  of  the  Diet. 

Art.  2.  The  relation  of  the  Principality  to  the  North  German 
Confederation  is  defined  by  the  Federal  Constitution  and  by  the 
Federal  Laws  to  be  issued  in  accordance  therewith;  both  of  these 
shall  always  be  considered  in  preference  to  this  Constitution  and  to 
internal  legislation. 

Title  II. — Concerning  the  Reigning  Prince  and  the  Princely  House. 

Art.  3.  The  reign  shall  be  hereditary  in  the  ruling  Princely 
House,  first  in  its  male  line  and  according  to  the  rules  of  primogeni- 
ture and  lineal  succession. 

If  the  male  line  should  become  extinct,  the  reign  shall  devolve 
upon  the  female  line  of  the  House,  in  which  case  the  degree  of  rela- 
tionship with  the  last  ruling  Prince  or,  such  being  equal,  the  age 
shall  settle  the  question  of  preference.  After  such  devolution  the 
preference  of  the  male  line  and  the  regulations  of  succession  applying 
thereto  shall  again  be  observed. 

Art.  4.  In  the  case  of  minority  or  permanent  prevention  of  the 
Reigning  Prince,  a  regency  shall  be  established.  The  regentship  for 
the  minor  Prince,  in  case  the  preceding  ruler  has  made  no  special  dis- 
positions, shall,  first  of  all,  be  exercised  by  his  own  widowed  mother, 
otherwise  by  the  nearest  agnate  qualified  to  rule.  In  case  of  per- 
manent prevention  oJ^the  Reigning  Prince — provided  he  has  not  dis- 

^  Translation  by  Max  Lentz  based  on  the  text  as  found  in  Stoerk-Rauchhaupt,  pp. 
447-460. 

396 


CONSTITUTION   OF   SCHAUMBURG-LIPPE.  397 

posed  otherwise — the  regentship  appertains  in  the  first  place  to  his 
son  who  is  entitled  to  the  succession  (hereditary  Prince),  if  he  should 
be  of  age;  otherwise  to  the  nearest  agnate  qualified  to  rule. 

Art.  5.  All  rights  of  executive  power  are  united  in  the  Prince  as 
Sovereign  of  the  State ;  his  person  is  sacrosanct. 

Art.  6.  All  administrative  acts  of  the  Prince,  in  order  to  be  valid, 
require  the  counter-signature;  all  ordinances  of  the  administration 
the  signature  of  one  member  of  the  Administration,  who  thereby 
assumes  the  responsibility. 

Art.  7.  ,The  executive  power  is  the  prerogative  of  the  Prince.  He 
appoints  and  discharges  the  members  of  the  administration,  and  such 
acts  shall  not  require  the  counter-signature  mentioned  in  the  preced- 
ing article.  In  his  lawmaking  the  Prince  shall  cooperate  with  the 
Diet  in  conformity  with  the  Constitution.  He  shall  promulgate  the 
laws  and  issue  the  ordinances  necessary  for  their  execution. 

Art.  8.  The  Prince  shall  manage  and  supervise  the  entire  interior 
administration  of  the  country.  He  shall  appoint  or  confirm,  di- 
rectly or  indirectly,  all  servants  of  the  State.  He  shall  confer  all 
titles  and  decorations. 

Art.  9.  The  Prince  shall  have  the  right  of  concluding  treaties 
with  other  Governments. 

Commercial  treaties,  however,  and  such  political  treaties  through 
which  burdens  and  obligations  may  accrue  to  the  country  or  to 
single  subjects,  require  the  consent  of  the  Diet. 

Art.  10.  To  the  Prince  belongs  the  right  of  pardon, .  mitigation 
and  abolition  of  a  sentence,  but  without  interfering  with  the  right 
of  consent  granted  to  the  Diet  by  law  of  January  2,  1849,  in  cases 
of  accusation  of  a  member  of  the  administration. 

Art.  11.  The  Prince  shall  assemble  the  Diet  and  shall  close  its 
sessions.  He  shall  have  the  right  of  adjourning  or  entirely  dissolv- 
ing the  Diet. 

Art.  12.  The  Prince  shall  become  of  age  with  the  completion  of 
his  twenty-first  year.  An  earlier  declaration  of  majority  is  not  ex- 
cluded. 

Art.  13.  The  contents  of  the  preceding  article  refer  to  all  princes 
of  the  Princely  House. 

Other  matters  concerning  the  Princely  House  shall  be  regulated 
by  family  statutes. 

Title  III. — Concerning  the  Diet. 

Art.  14.  In  the  future  the  Diet  shall  consist  of  fifteen  members, 
namely : 

1.  of  tt^o  representatives  of  the  crown  lands,  who  shall  be 
considered  as  especially  trustworthy  by  the  Sovereign,  and  shall 
be  appointed  by  him  for  each  period  of  legislation ; 


398  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

2.  of  one  elected  representative  of  the  nobility  possessing 
estates  within  the  country ;  ^ 

3.  of  one  representative  elected  by  the  appointed  (vocirten) 
clergy  of  the  country ; 

4.  of  one  representative  elected  by  the  jurists,  physicians  and 
trained  educators  of  the  country  occupying  an  official  position, 
including  those  attorneys,  physicians  and  examined  private 
teachers  who  have  been  allowed  to  practice  their  professions ; 

5.  of  three  elected  representatives  of  communalities,  namely 
two  of  the  city  of  Biickeburg,  and  one  of  the  city  of  Stadthao^en : 

6.  of  three  elected  representatives  of  the  precinct  of  Biicke- 
burg-Arensburg,  and  four  elected  representatives  of  the  precinct 
of  Stadthagen-Hagenburg.2 

Art.  15.  The  regulations  concerning  the  election  of  the  representa- 
tives mentioned  in  numbers  2,  3,  4,  5  and  6  of  the  preceding  article 
are  contained  in  the  law^  annexed  to  the  present  Constitution,  but 
subject  to  changes  by  legislation. 

Art.  16.  The  members  of  the  Diet  have  to  consider  themselves 
representatives  of  the  entire  country ;  they  shall  act  solely  according- 
to  their  conviction,  and  have  to  follow  no  instructions. 

Art.  it.  The  members  of  the  Diet  can  never  be  called  to  account 
because  of  their  motions  and  votes  in  the  Diet. 

In  regard  to  their  utterances  made  at  the  Diet  they  are  subject 
only  to  the  discipline  of  the  Diet  according  to  its  standing  orders. 

If  a  crime  should  have  been  committed  by  such  utterances,  a 
criminal  prosecution  is  admissible,  but  this,  too,  only  with  the  con- 
sent of  the  Diet. 

If  such  utterances  at  the  Diet  constitute  an  offence  of  lese-majesty, 
or  if  members  of  the  Princely  House  should  thereby  have  been 
insulted,  criminal  prosecution  does  not  require  the  previous  consent 
of  the  Diet,  nor  does  an  action  for  libel  require  such  consent  in  case 
of  a  private  person  having  been  offended. 

Art.  18.  During  the  period  of  session  no  mem,ber  of  the  Diet  can 
without  consent  of  the  latter'  be  tried  or  arrested  on  account  of  a 
punishable  act  except  when  seized  m  flagranti  delicto  or  within 
twenty-four  hours  thereafter. 

Art.  19.  Servants  of  the  State  need  no  leave  of  absence  in  order  to 
join  the  Diet,  but  they  shall  notify  their  superiors  in  time  of  the 
election  which  they  have  accepted.  They  shall  not  be  obliged  to 
defray  the  expenses  of  an  official  substitute  filling  their  position  for 
the  duration  of  the  sessions  of  the  Diet. 

*  In  connection  with  article  14,  number  2,  compare  paragraph  18  of  the  law  referring  to 
the  al>olitlon  of  feudalism  of  November  30,   1878. 

2  Am<>ndm(M)t  of  nrticlo  14.  number  (>,  by  law  of  July  4.  1S7!>.  *  ' 


CONSTITUTION   OF   SCHAUMBUKG-LIPPE.  399 

Art.  20.  Each  member  of  the  Diet  shall  receive  tAvo  thalers 
US  daily  alloATance  for  every  day  he  shall  be  present  at  the  place  of 
the  Diet,  and,  if  not  residing  at  such  place,  two  thalers  for  the  day 
of  his  arrival  and  two  for  that  of  his  departure.  No  special  com- 
pensation for  traveling  expenses  will  be  granted. 

During  an  adjournment  the  daily  allowances  continue  to  be  paid 
to  those  members  only  who,  being  engaged  in  official  business,  remam 
at  the  place  of  the  Diet. 

Art.  21.  The  period  of  legislature  shall  last  six  years,  after  the 
expiration  of  which  new  elections  shall  be  held. 

Art.  22.  All  delegates  shall  lose  their  qualifications  as  such  before 
the  expiration  of  the  period  of  legislation 

1.  if  they  lose  their  qualification  prescribed  by  the  election 
law  for  their  eligibility, 

and  those  delegates  who  already  have  been  elected, 

2.  on  account  of  their  appointment  to  a  Government  position 
or  on  account  of  their  promotion  in  the  service  of  the  State,  and 

3.  through  an  eventual  dissolution  of  the  Diet  by  the  Sov- 
ereign. 

In  the  cases  mentioned  under  2  and  3  the  former  delegates 
remain  eligible. 

Art.  23.^  In  each  year,  as  a  rule  at  the  beginning  of  the  month  of 
February,  a  regular  Diet  shall  be  held.  The  calling  of  eventual  ex- 
t  raordinary  Diets  is  effected  through  a  special  order  of  the  Sovereign. 

An  ordei-  of  the  Sovereign  shall  fix  the  time  and  place  of  the  meet- 
ing. 

The  matter  of  opening  and  closing  the  Diet  shall  be  attended  to  by 
the  Sovereign,  either  personally  or  through  an  authorized  person. 

Art.  24.  The  Diet  shall  examine  the  legitimacy  of  its  members  on 
the  basis  of  the  election  records  to  be  submitted  in  full  by  the  Gov- 
ernment, and  its  decision  in  regard  to  them  shall  be  final.  It  regu- 
lates its  routine  of  business  by  its  standing  orders,  which  are  to  be 
established  in  connection  with  the  provisions  of  this  constitutional 
laAv. 

The  Diet  sliall  elect  its  president,  his  substitute,  and  its  clerk.  The 
latter  need  not  be  a  member  of  the  Diet,  but  must  possess  the  general 
qualifications  of  an  elector,  as  required  by  the  election  law,  and  in 
such  case  shall  receive  an  adequate  compensation  to  be  paid  by  the 
treasury. 

Art.  25.  The  Diet  Commissaries,  as  well  as  the  members  of  the 
State  administration,  are  entitled  to  be  present  at  all  sessions  of  the 
Diet  and  of  any  Committee,  and  must  be  heard  at  all  times. 


1  In  connection  Avitli  article  23  compare  the  law  of  December  24,  1877,  which  stipulates 
that  the  Diet  shall  assemble  in  February  and  not   in  November. 


400  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Art.  26.  The  sessions  of  the  Diet  are,  as  a  rule,  public ;  by  way  of 
exception  publicity  may  be  excluded  for  certain  matters  under  dis- 
cussion, upon  request  of  a  commissary  of  the  Government  or  of  a 
member  of  the  Diet,  through  resolution  of  the  Diet. 

The  discussion  and  vote  in  regard  to  a  motion  dealing  with  the  ex- 
clusion of  publicity  always  must  take  place  in  secret  session. 

Information  given  by  the  Government  which  is  to  be  considered 
confidential  must  be  received  and  treated  in  private. 

Art.  27.  The  Diet  shall  be  competent  to  transact  business  only 
when  two-thirds  of  its  legal  members  are  present.  Resolutions  shall 
be  passed  by  absolute  plurality  of  votes  of  the  members  present,  ex- 
cept where  the  Constitution  provides  otherwise. 

Art.  28.  The  Diet,  while  in  session,  has  the  right  of  adjournment 
for  two  weeks,  leaving  behind  one  or  more  committees  charged  wHh 
the  preliminary  discussion  of  certain  specific  matters. 

Adjournments  for  a  period  exceeding  two  weeks  require  the  con- 
sent of  the  Sovereign. 

The  Sovereign,  on  his  part,  has  the  right  to  adjourn  the  Diet,  but 
during  a  regular  session  of  the  same  adjournments  shall  not  exceed 
ihe  total  duration  of  sixty  days. 

Art.  29.  In  case  of  a  dissolution  of  the  Diet,  new  elections  shall 
be  ordered  not  later  than  within  the  following  four  months,  and  the 
newly  elected  Diet  shall  be  ordered  to  assemble  not  later  than  within 
the  two  months  immediately  following. 

Art.  30.  The  Diet  has  the  right  of  decisive  cooperation  in  all  acts 
of  legislation ;  it  also  has  the  right  to  propose  laws. 

Ordinances  for  the  purpose  of  carrying  out  existing  laws  do  not 
require  the  cooperation  of  the  Diet. 

Art.  31.  In  urgent  cases,  provided  the  Diet  is  not  in  session, 
legal  orders  with  binding  force  ma}^  be  issued  as  provisional  laws 
without  the  consent  of  the  Diet.  But  such  laws  require  the  subse- 
quent sanction  of  the  next  Diet. 

The  stipulations  of  this  Constitution  can  not  even  temporarily 
be  set  aside  by  contrary  dispositions  of  the  Government. 

Art.  32.  At  the  publication  of  a  law  the  introductory  clause  must 
make  mention  of  the  fact  that  such  law  has  been  sanctioned  by  the 
Diet. 

In  the  case  of  provisional  laws  necessitated  for  reasons  stated  in 
article  31,  a  reference  to  this  article  in  the  introductory  clause  shall 
take  the  place  of  such  mention. 

The  examination  of  the  validity  of  a  law  or  provisional  law  which 
has  been  properly  announced  is  not  to  be  made  by  the  administration, 
but  only  by  the  Diet. 


CONSTITUTION   OF   SCHAUMBURG-LIPPE.  401 

Art.  33.  The  Diet  has  the  right  of  coopemtion  in  the  establish- 
ment of  the  budget  and  the  right  of  control  in  the  administration  of 
the  finances  of  the  country. 

Art.  34.  The  Government  shall  every  year  in  time  submit  to  the 
Diet  for  examination  and  sanction  a  previous  computation  of  all  re- 
ceipts and  expenditures  for  the  coming  year. 

Art.  35.  In  this  preliminary  computation  taxes  fixed  by  law  and 
any  other  permanent  revenues  of  the  treasurj^  are  not  subject  to  a 
yearly  grant  and  therefore  continue  to  be  levied  even  in  case  the 
establishment  of  a  budget  law  should  not  be  achieved. 

New  taxes  as  well  as  the  continued  levy  of  taxes  granted  for  a 
certain  time  only,  and  the  raising  or  changing  of  existing  taxes  re- 
quire, before  being  ordered,  the  consent  of  the  Diet,  and  such  consent 
shall  be  mentioned  in  the  order  issued  for  their  imposition. 

Art.  3G.  Those  of  the  expenses  of  the  treasury  mentioned  in  the 
preliminary  computation  which  result  from  the  relation  of  the  Prin- 
cipality to  the  North  German  Confederation,  or  are  based  upon  per- 
manent legal  obligations  of  the  fisc,  or  upon  permanent  grants  of 
the  Diet,  are  not  affected  by  the  right  of  the  Diet  to  grant  the  yearly 
expenditures,  in  as  much  as  the  continued  payment  of  these  expenses 
is  allowed  even  in  case  the  establishment  of  a  budget  law  should  not 
be  achieved,  but  the  means  necessary  for  an  administration  corre- 
sponding to  the  requirements  of  the  Constitution  can  not  be  refused, 
and  such  grant  of  the  necessary  means  can  not  be  made  subject  to 
certain  conditions  or  premises  which  do  not  refer  to  the  purpose  or 
appropriation  of  the  same,  or  to  the  degree  of  their  necessity,  or  to 
the  amount  of  the  taxes,  duties,  and  imposts  in  question,  and  to  the 
manner  of  allotting  and  levying  them,  or  to  the  period  of  their  dura- 
tion. 

In  regard  to  the  sums  to  be  appropriated  for  the  administration 
of  the  country  their  present  amount  shall  serve  as  a  standard,  until 
new^  budget  laws  have  been  agreed  upon  with  the  Diet. 

All  other  expenses  must  be  defrayed  only  in  accordance  with  the 
yearly  preliminary  computation  accepted  by  the  Diet,  whereby  the 
application  of  sums  granted  for  a  certain  item  of  the  expenses  to 
other  such  items  is  positively  forbidden. 

Art.  37.  The  yearly  preliminary  financial  computation,  after  hav- 
ing been  sanctioned  by  the  Diet,  is  to  be  published  in  the  form  and 
with  the  force  of  a  law. 

Art.  38.  Expenditures  in  excess  of  the  budget  require  the  sub- 
sequent grant  on  the  part  of  the  Diet.     An  extraordinary  need  of 
considerable  amounts,  occuring  unexpectedly,  is  to  be  supplied  by  an. 
extraordinary  budget,  subject  to  a  previous  grant  by  the  Diet. 
92975—19 26 


402  CONSTITUTIONS  OF   THE  GEEMAN   STATES. 

Art.  39.  If  a  deficit  should  occur  in  the  treasury,  caused  by  n 
loss  in  the  estimated  receipts,  the  Diet  has  to  take  measures  for  the 
removal  of  the  same  in  the  next  year's  budget,  and  to  this  effect 
shall  receive  proper  suggestions  from  the  Government. 

Airr.  40.  Loans  burdening  the  treasury,  or  any  other  guarantees 
to  be  assumed  by  it,  in  order  to  be  valid,  require  the  consent  of  the 
Diet,  but  the  Government  shall  be  at  liberty  to  make  arrange- 
ments in  regard  to  necessary  advance  payments,  in  order  to  meet 
its  obligations  in  accordance  with  the  budget,  whenever  the  needed 
funds  shall  not  be  available. 

Art.  41.  At  the  end  of  each  fiscal  year  the  accounts  and  vouchers 
of  the  treasury  and  its  eventual  branch  establishments  shall  be  sub- 
mitted tt>  the  Diet  for  examination  and  review. 

Art.  42.  The  Diet  has  the  right  of  remonstration  or  complaint  to 
the  Government,  eventually  to  the  Sovereign,  concerning  abuses 
which  it  may  have  noticed  in  the  administration. 

The  Diet  has  the  right  of  communicating  with  the  Government 
concerning  petitions  of  corporations  or  private  persons  which  are 
presented  to  them. 

Art.  43.  The  Diet  has  the  right  of  accusation  against  the  re- 
sponsible members  of  the  administration  in  accordance  with  the  law 
of  January  2,  1849,  dealing  with  such  cases. 

The  resolution  to  make  such  an  accusation  implies  that  there  is 
a  quorum  in  the  Diet  and  that  three-fourths  of  the  members  present 
voted  in  favor  of  the  accusation. 

Title  IV. — Concerning  the  Diet  Committee. 

Art.  44.  For  the  time  intervening  between  one  period  of  sessions  of 
the  Diet  and  the  other,  there  shall  exist  a  Diet  Committee  of  three 
members,  which,  however,  shall  exercise  those  powers  only  which  are 
granted  to  them  in  articles  45  and  46. 

At  each  regular  Diet  this  committee  has  to  be  elected  from  the 
number  of  the  members  of  the  Diet;  the  election  shall  be  by  ballot 
and  according  to  the  relative  plurality  of  votes;  one  member,  how- 
ever, shall  beljong  to  one  of  the  subdivisions  mentioned  in  article  14, 
numbers  1,  2,  3,  and  4. 

Its  tenure  of  office  extends  even  beyond  the  eventual  end  of  a  period 
of  legislature,  or  beyond  an  eventual  'dissolution  of  the  Diet,  up  to 
the  time  when  a  new  election  of  the  committee  has  been  completed. 

If,  during  the  tenure  of  the  committee,  single  members  of  the  same 
should  withdraw,  the  said  committee — provided  no  Diet  is  assem- 
bled— shall  complete  its  number  by  means  of  elections  from  the 
members  of  that  Diet  from  which  they  themselves  have  proceeded, 
and  in  doing  so  shall  observe  what  has  been  mentioned  above  in  this 
article  concerning  the  formation  of  the  committee. 


CONSTITUTION   OF   SCHAUMBURG-LIPPE.  403 

Art.  45.  During  the  time  intervening  between  one  Diet  and  the 
other  the  Diet  Committee  shall  attend  to  the  keeping  of  the  archives 
of  the  Diet  and  of  the  seal  of  the  Diet. 

Art.  46.  In  the  case  of  a  supposed  violation  of  the  Constitution, 
(he,  Diet  Committee  shall  be  entitled  to  request  the  Government  to 
lemedy  matters. 

If  the  regular  Diet  should  not  be  called  together  at  the  proper  time, 
or  if,  after  the  dissolution  of  a  Diet,  the  ordering  of  new  elections 
or  the  reassembling  of  the  newl}^  elected  Diet  should  be  delayed  be- 
yond the  time  set  by  the  Constitution,  or  if  an  adjournment  should 
be  extended  beyond  the  prescribed  time,  the  committee  is  entitled, 
niter  a  previous  request  addressed  to  the  Government,  to  lodge  a  com- 
plaint in  regard  thereto  with  the  organs  of  the  North  German  Con- 
federation. Avliich  are  cx)mpetent,  according  to  th^  Federal  Consti- 
tution. 

Art.  47.  Upon  the  request  of  one  of  its  members  the  committee 
5hall  assemble  at  Biickeburg,  and  due  notice  thereof  shall  be  given 
vo  the  Government. 

The  committee  shall  form  resolutions  according  to  the  majority  of 
votes. 

The  members  of  the  committee  as  such  receive  no  daily  allowance. 

Title  V. — Concerning  the  Finances  of  the  Country. 

Art.  48.  The  finances  of  the  country  shall  be  newly  arranged, 
with  a  separation  of  the  State  budget  from  the  accounts  of  the 
domains. 

Art.  49.  The  goods  and  chattels  belonging  to  the  domains,  and 
the  privileges  to  wfiich  it  is  entitled,  especially  estates,  separate  par- 
cels of  land,  forests,  rivers  and  waters,  revenues  from  fiefs,  estates, 
and  from  other  sources,  or  their  equivalents,  respectively,  castles  and 
other  buildings,  furthermore  that  part  of  the  entire  coal  mines  of 
Schaumburg  which  l)elongs  to  this  State,  form  the  indivisible  and 
in  substance  inalienable  entail  of  the  Princely  House  ruling  at 
present,  the  possession  and  enjoyment  of  which  belongs  for  the 
time  being  to  its  head. 

Art.  50.  The  funds  of  the  domains,  as  far  as  they  represent  the 
revenues  derived  from  the  goods  and  chattels  mentioned  in  the  pre- 
ceding article,  shall  in  the  first  place  be  used  to  defray  the  expenses 
of  the  entire  domain  administration,  furthermore,  the  entire  expen- 
diture for  the  Princely  House  and  the  Princely  Court,  including  the 
appanages  for  the  princes  and  princesses  of  the  House,  the  portions 
for  the  latter,  as  well  as  the  dowry  for  the  widowed  consorts  of  the 
Sovereign  and  of  the  princes. 

Art.  51.  Besides  the  assignment  of  the  receipts  mentioned  in 
article   59   B,   amounting   to   about   20,000  thalers,   a   contribution 


404  CONSTITUnONS  OF   THE  GERMAN   STATES. 

shall  be  made  from  the  funds  of  the  domains*  to  the  expendi- 
tures of  the  administration  of  the  Principality,  as  long  as  the  latter 
-shall  be  ruled  as  an  independent  State  by  the  Princely  House  i-uling 
the  same  at  present ;  the  said  contribution  to  consist  of  the  following 
items : 

1.  Of  a  fixed  sum  of  36,000  thalers  to  be  paid  into  the  treasury 
of  the  State; 

2.  Of  the  fifth  part  of  the  yearly  share  of  the  Princely  House 
in  the  net  earnings  derived  from  the  entire  coal  mines  of 
Schaumburg:  24,000  thalers  in  the  year  1868; 

3.  Of  an  additional  yearly  sum  the  amount  of  which  shall 
always  equal  the  third  part  of  that  amount  which  is  to  be  levied 
by  the  Principality  for  the  benefit  of  the  North  German  Con- 
federation,— after  deduction  {Ahfiihrung)  of  the  receipts  out- 
lined in  article  TO  of  the  Constitution  of  the  North  German  Con- 
federation,— by  means  of  direct  taxation  (matricular  contribu- 
tion, Federal  tax) ,  but  this  third  part  shall  not  exceed  the  amount 
of  10,000  thalers. 

The  accounts  of  the  domains  will  be  credited  in  favor  of  this  con- 
tribution with  the  amount  of  those  taxes  which,  in  case  of  Federal 
taxes  being  levied,  are  to  be  imposed  directly  upon  the  goods  and 
chattels  of  the  domains  mentioned  in  article  49. 

Furtherniore,  the  claim  to  the  amounts  of  indemnification  to  be 
paid  to  the  administration  of  the  Princely  funds  from  the  funds  of 
indirect  taxation  is  given  up  in  favor  of  the  State  treasury. 

All  payments,  on  the  other  hand,  which  so  far  had  to  be  made 
from  the  funds  of  the  domains  for  purposes  of  the  State,  are  now 
eliminated.  In  the  same  manner  all  claims  and  demands  of  the  ad- 
ministration of  the  domains  upon  the  State  treasury,  resulting  from 
past  agreements,  and  vice  versa,  as  far  as  they  do  not  consist  of  docu- 
mentary obligations,  especially  all  such  claims  which  have  been  made 
or  might  be  made  by  the  body  assembled  for  the  purpose  of  agreeing 
upon  the  Constitution  in  regard  to  a  participation  of  the  State 
treasury  in  the  earnings  of  the  railroad  built  across  the  State  at 
the  private  expense  of  the  Prince,  shall  be  considered  as  mutually 
adjusted. 

Art.  52.  If  in  the  interior  administration  of  the  countrv  a  chanae 
should  occur  to  the  effect  that  one  or  more  branches  thereof  be  trans- 
ferred to  the  North  German  Confederation,  the  fixed  amount  of  con- 
tribution mentioned  in  article  51,  line  1,  shall  be  reduced  by  one- 
third  of  that  amount  which  is  mentioned  for  this  purpose  in  the 
budget  for  1868  annexed  as  Appendix  B  to  the  proposition  of  the 
Government  of  June  17, 1867,  concerning  the  general  law  of  taxation. 

Art.  53.  The  contribution  to  be  paid  from  the  earnings  of  the  coal 


.CONSTITUTION   OF   SCHAUMBURG-LIPPE.  405 

mines  shall  be  calculated  each  year  for  the  coming  fiscal  year  accord- 
ing to  the  income  of  the  coal  mines  during  the  business  year  just  past. 

Art.  54.  For  the  purpose  of  ascertaining  the  contribution  from  the 
entire  coal  mines,  the  Government  shall  be  at  liberty  to  take  cogni- 
zance of  the  original  accounts. 

A  certified  proof  of  such  calculation  shall  every  year  be  submitted 
to  the  Diet. 

Art.  55.  The  transfer  of  the  contributions  stipulated  in  article  51. 
numbers  1,  2,  and  3,  from  the  funds  of  the  domains  to  the  State 
treasury  shall  be  made  in  quarterly  payments  at  the  beginning  of 
each  quarter  of  the  respective  fiscal  year,  and  such  quarterly  pay- 
ments of  contributions  mentioned  under  numbers  2  and  3  shall  be 
made  on  the  basis  of  the  preliminary  computation,  reserving  a  final 
settlement  at  the  end  of  the  respective  fiscal  year. 

Art.  56.  The  buildings  and  localities  used  up  to  the  present  as  of- 
fices of  the  administration,  including  the  places  of  detention  for 
prisoners,  shall  until  further  notice  continue  to  be  occupied  by  the 
administration..  In  case  the  Sovereign  should  wish  to  dispose  other- 
wise in  regard  to  these  buildings  and  localities,  a  compensation,  to  be 
agreed  upon  between  the  Government  and  the  administration  of  the 
Princely  funds  and  to  correspond  to  the  value  of  use  of  the  localities 
the  occupation  of  which  had  been  granted  so  far,  shall  be  paid  from 
the  Princely  funds  and  shall  be  added  to  the  fixed  sum  mentioned 
in  article  51. 

Repairs  necessary  on  the  inside  and  outside  of  the  buildings  in 
question  shall  be  paid  for  from  the  funds  of  the  Prince  and  an 
account  shall  every  year  be  presented  by  the  administration  of  the 
Princely  funds  to  the  Government  for  the  purpose  of  having  the 
same  charged  to  the  State  treasury. 

The  furnishings  now  extant  in  the  buildings  in  question  become 
the  property  of  the  treasury,  and  the  latter  shall  have  to  look  after 
any  addition  to  the  same  that  might  perhaps  become  necessary. 

The  expenses  incurred  by  reason  of  new  structures  which  may 
become  necessary  in  the  place  of  the  buildings  mentioned  at  the 
beginning  of  this  article  shall  be  at  the  charge  of  the  treasury. 

The  prison  at  Biickeburg  as  well  as  the  toll-houses  existing  on  the 
highways  of  the  country,  together  with  their  dependencies,  shall 
become  the  property  of  the  treasury. 

Art.  57.  As  long  as  the  payments  stipulated  in  article  51  are 
made  neither  the  domains  nor  the  railroad  mentioned  in  the  said 
article  shall  be  required  to  pay  any  direct  State  tax. 

Landed  property,  however,  acquired  by  the  Prince  and  added  to 
his  possessions  so  far  or  yet  to  be  acquired,  which,  up  to  the  pres- 
ent, has  been  subject  to  contributions  to  the  Federal  tax  of  the 
nobility  or  to  other  contributions,  remains  subject  to  the  general 


406  coNsnTurroNS  of  the  German  states. 

land-tax,  and  establishments  of  an  industrial  character  which  per- 
haps might  later  be  erected  at  the  private  expense  of  the  Prince, 
remain  subject  to  the  existing  tax  paid  by  the  trades,  whatever  this 
may  amount  to. 

Already  existing  establishments  shull  be  obliged  to  pay  trade- 
taxes  only  as  far  as  they  have  been  paying  such  taxes  up  to  the 
present  time. 

Art.  58.  Beginning  with  the  expiration  of  the  third  full  month 
after  the  publication  of  the  Constitution,  the  entire  administration 
of  finances  of  the  country  shall  be  united  into  one  State  treasurv 
controlled  by  a  responsible  administration  of  the  Government  of  the 
country. 

Art.  59.  The  following  items  are  assigned  to  the  treasury  as  in- 
come: 

A.  The  contributions  from  the  funds  of  the  Prince  stipulated 
in  article  51,  numbers  1  to  3 ; 

B.  All  revenues  of  the  State  which  so  far  have  been  added  to 
the  Princely  funds,  especially  the  so-called  general  contribution, 
the  stamp  duty,  the  share  of  the  Principality  in  the  toll  levied 
on  the  Weser  river,  the  fees  paid  for  concessions,  all  revenues 
from  the  departments  of  jurisdiction  and  administration  and  all 
fines,  furthermore  all  possessions  which  may  be  acquired  on  the 
strength  of  fiscal  right,  the  revenues  from  the  postal  and  tele- 
graph service,  as  far  as  the  latter  have  riot  to  be  turned  over  to 
the  Federal  treasury,  the  income  from  the  privilege  of  the  mint 
and  from  the  sequestrated  property  of  the  Church ; 

C.  All  other  direct  and  indirect  taxes  which  may  have  been 
established  by  law  or  may  be  imposed  in  the  future,  the  latter 
only  as  far  as  they  have  not  to  be  assigned  to  the  Federal  treas- 
ury; furthermore  the  so-called  Scheffelschatzg elder ^  the  income 
from  the  highways  and  country  roads,  finally  all  funds  of  all 
hitherto  existing  main  and  secondary  receivers'  offices  of  the 
country,  especially  those  of  the  office  of  indirect  taxation,  of  the 
supervision  of  the  salt  trade,  of  the  repartition  of  taxes,  of  the 
army  invalids  and  of  the  lunatics. 

Art.  60.  Until  further  regulation  by  law  of  the  taxes  for  the  con- 
struction of  highways  the  receiver's  office  for  the  construction  of 
highways,  and  likewise,  for  the  time  being,  the  receiver's  office  for  the 
administration  of  the  asylums,  shall  continue  to  exist  separately  as 
branches  of  the  State  treasury,  and,  until  further  arrangements  have 
been  made,  their  receipts  up  to  date  shall  be  left  to  them  and  shall  be 
used  by  them  according  to  a  special  budget  to  be  submitted  to  the 
Diet. 

Art.  61.  The  following  expenditures  are,  in  the  future,  to  be 
charged  to  the  treasury : 


GONSTirUTION  OF  SOHAUMBUEG-LIPPE.  407 

A.  The  contributions  to  the  dotal  gifts  for  the  princesses  of 
the  Princely  House,  in  accordance  with  the  Constitution  of  the 
country ; 

B.  All  expenses  created  by  the  relation  to  the  North  German 
Confederation,  as  far  as  they  are  not  already  covered  by  the 
receipts  reserved  for  the  Federal  treasury ; 

C.  The  expenditures  for  the  entire  administration  of  the 
country,  including  the  subsidies  granted  by  the  State  for  pur- 
poses of  the  churches  and  schools,  as  well  as  the  indemnifica- 
tions conceded  to  the  cities  and  towns  or  to  their  parish  chests, 
respectively,  for  abolished  tolls  or  for  the  removal  of  exemption 
from  taxation,  as  long  as  such  indemnifications  have  not  been 
removed  by  law  or  have  not  been  otherwise  adjusted; 

D.  The  payment  of  interest  on  capitals  lent  to  the  former 
department  of  inland  revenues,  and  the  repayment '  of  these 
capitals ;  likewise  the  payment  of  interest  on  the  future  debts  of 
the  State,  and  their  repayment. 

Title  VI. — Concerning  public  service. 

Art.  62.  Appointments  to  a  State  office  or  promotions  in  such  are 
made  by  the  Sovereign. 

Art.  63.  All  public  functionaries  are  bound  to  be  loyal  to  the 
Prince,  and  are  responsible  to  him  for  the  fulfilment  of  their  official 
duties. 

If  an  officer,  of  the  State  has  acted  by  order  of  higher  authorities, 
the  responsibility  devolves  upon  the  latter  alone. 

The  conditions  upon  which  officers  of  the  State  may  be  legally 
prosecuted  on  account  of  violations  of  the  law  perpetrated  through 
transgression  of  their  powers  are  fixed  by  law.  The  previous  con- 
sent of  the  higher  authorities  to  such  prosecution  shall  not  be 
required. 

Art.  64.  In  case  discharges  from  service  become  necessary  on  ac- 
count of  changes  in  the  offices  of  administration,  the  official  whose 
activity  is  thereby  suspended  shall  be  entitled  to  a  compensation  in 
proportion  to  his  former  position.  Details  in  regard  to  this  matter 
shall  be  regulated  by  law.  In  case  of  transfer  from  one  office  to  an- 
other, the  official  shall  have  a  claim  to  the  same  salary  drawn  and 
the  same  rank  occupied  as  heretofore. 

Art.  65.  Officials  who  are  prevented  by  old  age  or  by  other  defects 
from  fulfilling  their  official  duties  shall  be  pensioned  off. 

Art.  66.  An  official  of  the  State  occupying  the  position  of  judge 
can  neither  be  removed  nor  discharged  from  his  judicial  office  with- 
out a  court  decision,  nor  can  he  be  transferred  against  his  will  to  a 
less  lucrative  position  in  the  department  of  administration,  nor  be 


408  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

suspended  and  deprived  of  his  salary,  without  prejudice  however 
to  the  stipulations  of  article  64,  which,  in  the  case  of  changes  in  the 
orcfanization  of  Courts  or  their  districts,  shall  also  apply  to  judiciary 
officials. 

A  civil  service  law,  yet  to  be  issued,  shall  grant  proper  protection 
against  arbitrary  removal  from  office  and  deprivation  of  salary  to 
those  State  officials  who  do  not  belong  to  the  bench.  In  the  meantime 
the  existing  regulations  shall  remain  in  force. 

Other  legal  matters  concerning  State  officials,  especially  their 
claim  to  a  pension  for  themselves  and  their  survivors,  shall  be  regu- 
lated by  such  civil  service  law. 

Title  VII. — General  regulations  and^  regulations  of  transition. 

Art.  67.  The  legislation  of  the  country  will,  in  the  near  future, 
undergo  a  revision. 

Art.  68.  The  communalities  of  towns  and  country  districts  shall 
be  newly  organized,  and  they  shall  be  subject  to  separate  regulations 
on  the  basis  of  independent  administration  of  communality  matters 
and  of  a  free  election  of  local  boards  and  representatives,  without 
prejudice,  however,  to  tlie  right  of  confirmation  of  the  Sovereign  in 
regard,  to  those  officials  who  at  the  same  time  are  discharging  the 
duties  of  State  officials. 

Art.  69.  In  judicial  affairs  the  principles  of  separation  of  the  ju- 
diciary from  the  administration  shall  be  carried  out,  proceedings 
shall  be  public  and  oral,  the  indictment  in  criminal  cases  shall  be 
introduced,  and,  in  the  case  of  heinous  crimes,  the  trial  by  jury. 

Privileged  courts  shall  in  the  future  not  exist — without  prejudice 
to  the  right  of  unrestricted  (autonomlsch)  choice  of  courts  for  the 
members  of  the  Princely  House,  to  the  higher  courts  granted  to  the 
higher  nobility,  and  to  the  military  courts. 

The  office  of  the  court-martial  shall  not  be  affected  by  the  fore- 
going regulations. 

Criminal  matters  of  the  police  department  shall,  as  a  rule,  be  at- 
tended to  by  the  lower  courts. 

Art.  70.  Landed  property  shall  be"  freed  from  all  tributes  and 
services  resulting  from  obligations  to  the  landlord  or  from  other 
circumstances,  and  the  party  entitled  to  such  shall  be  indemnified, 
and  every  kind  of  servitude  shall  therewith  be  abolished. 

Details  will  be  given  by  law. 

Art.  71.  The  system  of  hereditary  tenement,  too,  shall  be  done 
away  with  upon  payment  of  an  indemnification  to  be  fixed  by  law, 
and  shall  be  converted  into  full  possession. 

Art.  72.  The  legislation  of  the  country  shall  be  based  on  the  prin- 
ciple that  every  owner  of  landed  property,  after  he  has  fully  paid  for 


CONSTITUTION   OF   SCHAXJMBURG-LIPPE.  409 

all  services  attached  to  his  property,  shall  have  the  right  of  unre- 
stricted disposition  thereof,  inter  vivos  as  well  as  in  his  last  will. 

The  legal  establishment,  however,  of  a  restriction  preventing  the 
-complete  dismemberment  of  an  estate  hitherto  forming  one  whole, 
shall  not  be  excluded. 

Art.  78.  All  servitudes  of  pasturing,  grazing,  and  fattening  (cat- 
tle) attached  to  other  people's  land  shall  be  redeemed  through  com- 
pensations, the  amount  of  which  is  to  be  fixed  by  law ;  the  separation 
of  property  held  in  common,  as  well  as  the  uniting  of  different 
parcels  of  land,  shall  likewise  be  regulated  by  law. 

Art.  74.  The  right  of  hunting  on  other  people's  property  shall 
become  redeemable  on  payment  of  an  adequate  compensation  to  those 
hitherto  entitled  to  such  hunting.  The  conditions  of  redemption  and 
the  regulations  concerning  the  practice  of  hunting,  as  well  as  sepa- 
rate stipulations  in  regard  to  hunting  on  lands  enclosed  within 
forests,  are  reserved  for  future  legislation. 

Art.  75.  The  application  of  the  principles  designated  above  to  the 
legislation  of  the  country  shall  be  hastened  as  much  as  possible,  in 
particular  the  regulations  for  the  communalities,  as  well  as  a  hunt- 
ing-law, a  law  dealing  with  the  exoneration  of  landed  property, 
and  a  law  concerning  the  hereditary  transmission  and  the  sale  of 
lands  hitherto  owned  by  peasants,  shall  be  submitted  to  the  regular 
Diet  which  is  to  assemble  in  the  year  1869. 

Art.  76.  Changes,  additions  or  authentic  explanations  of  this  Con- 
stitution require  not  only  the  consent  of  the  Sovereign,  but  also  two 
separate  resolutions  of  the  Diet,  with  an  interval  of  at  least  eight 
<:lays  between  them,  and  each  time  with  a  vote  of  consent  of  two- 
thirds  of  the  members  who  must  be  present  in  a  quorum. 

Art.  77.  The  present  Constitution  shall  come  into  force  on  the  day 
when  it  is  publicly  announced.  The  effectuation  of  the  separation 
of  accounts  prescribed  therein  shall  however  take  place  only  at  the 
time  stipulated  in  article  58  for  the  establishment  of  the  general 
treasury  of  the  State. 

Up  to  this  time  contributions  to  the  expenses  of  the  country-  from 
the  private  funds  of  the  Prince  shall  be  made  in  the  customary  man- 
ner, but  the  extraordinary  expenditures  necessitated  by  the  reforma- 
tion of  the  military  shall  be  at  the  charge  of  the  future  treasury  of 
the  State. 

Obligations  or  claims  resulting  from  the  connection  with  the 
former  German  Confederation  (Bund),  and  still  existing  for  the 
Principality,  shall  be  charged  or  credited  respectively  to  the  future 
treasury  exclusively. 

The  Prince  shall  be  liable  with  his  private  funds  for  the  results 
*of  suits  which  may  have  been  filed  against  the  officium  fisci. 


410  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  78.  Until  the  discharge  of  the  next  (first)  budget-law,  new 
permanent  obligations  shall  not  be  imposed  to  the  treasury  by  the 
Government. 

Art.  79.  The  salaries  and  pensions  of  public  functionaries,  or  their 
widows  and  children  respectively,  which  are  to  be  taken  over  by  the 
future  treasury  of  the  State  and  alreadv  have  been  granted,  shall 
be  entered  into  a  register  which  is  to  be  deposited  with  the  archives 
of  the  Diet. 

Art.  80.  At  the  day  of  publication  of  this  Constitution  are 
abrogated : 

1.  The  Ordinance  of  January  15,  1816,  concerning  the  Estates 
of  Schaumburg. 

2.  The  decision  of  the  Diet  of  March  18-29,  1818. 

3.  The  Ordinance  of  March  17,  1848,  concerning  the  further 
development  of  the  institution  of  the  Estates. 

4.  The  hiAv  of  July  7,  1848,  concerning  the  publicity  of  the 
sessions  of  the  Diet. 

5.  The  law  of  July  8,  1848,  concerning  the  participation  of 
the  members. of  the  administration  and  of  other  authorized  State 
officials  in  the  sessions  of  the  Diet. 

Given  at  Wildbad.  November  17,  1868. 

[i.s.l  ADOLPH  GEOIKJ. 

Countersigned:  von   Laukr. 


SCHWARZBURG-RUDOLSTADT.i 

CONSTITUTION  OF  MARCH  21,   1854. 
[Preamble.] 

We,  Friedrich  Giinther,  by  the  grace  of  God,  Prince  of  Schwarz- 
burg,  etc.  : 

In  order  more  precisely  to  define  the  constitutional  relations  of 
the  Principality,  hereby,  at  the  request  of  our  Ministry  and  with  the 
advice  and  consent  of  our  faithful  Estates  General,  ordain  as 
follows : 

Title  I.  In  regard  to  the  princes.'^ 

Section  1.  The  Prince  is  the  Sovereign  and  supreme  head  of  the 
State.  All  the  power  of  the  State  is  united  in  him  and  in  him  alone. 
In  the  exercise  of  specific  rights  the  Prince  is,  within  the  terms  of 
this  law,  beholden  to  the  cooperation  of  the  Estates  General. 

Sec.  2.  The  person  of  the  Prince  is  sacred  and  inviolate.  He  is 
above  all  external  personal  responsibility. 

Title  II.  Concerning  the  subjects  of  the  State. 

Sec.  3.  The  conditions  for  the  acquisition  or  loss  of  the  status  as 
subject  of  the  country,  as  well  as  the  rights  and  powders  belonging 
to  the  subjects  of  the  State,  are  determined  by  separate  laws. 


*  Translation  by  Aloysius  Wenger  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  4C)2-469. 

2  To  insure  the  order  of  succession  the  following  law  was  passed  on  June  1,  1896: 

Article  1.  In  the  event  of  our  decease  without  leaving  any  male  issue,  the  following  are 
called  to  the  succession  to  the  throne  of  our  Prinicpality  and  to  the  family  estate  and 
entailed  property   (crown  lands)    of  the  Princely  House  of  Schwarzburg-Rudolstadt : 

(a)  In  virtue  of  the  mutual  agreement  executed  on  April  21,  1896,  by  the  paternal  rela- 
tives of  the  Princely  House  of  Schwarzburg,  Prince  Sizzo  von  Leutenberg,  son  of  the  late 
Prince  Friedrich  Gttnther,  of  Schwarzburg-Rudolstadt,  and  his  consort  Helen,  Countesa 
of  Reina,  Princess  of  Anhalt,  as  well  as  the  male  descendants  of  legitimate  birth,  issue 
of  a  union  contracted  with  our  sanction  between  persons  of  equal  rank  ;  in  default  of 
these, 

(5)  The  male  relatives  of  the  Princely  House  of  Schwarzburg-Sondershausen,  in 
conformity  to  and  in  virtue  of  the  princely  family  pact  of  September  7,  1713.  The  suc- 
cession is  governed  by  the  right  of  primogeniture  jind  the  Uneal  order. 

Art.  2.  After  the  total  extinction  of  the  male  line  in  the  entire  princely  house  of 
Schwarzburg  the  Qovernment  passes  to  the  female  line  without  distinction  of  sex  and 
in  such  manner  that  the  next  of  kin  to  the  last  Reigning  Prince  takes  precedence,  and 
the  oldest  where  the  degree  of  relationship  is  the  same.  This  applies  as  well  between 
several  branches  as  within  one  and  the  same  branch.  However,  female  members  of  the 
Princely  House  who  are  or  wei*e  married  to  persons  of  unequal  rank  remain  excluded 
from  succession  to  the  throne. 

Among  the  descendants  of  tlose  called  to  the  succession  according  to  this  rule,  the 
privity  of  the  male  line  with  the  right  of  primogeniture  and  the  pure  lineal  descent 
sets  in  again. 

411 


412  CONSTITUTIONS  OF   THE  GERMAN  STATES. 

Title  III.  Concerning  the  Government. 

Sec.  4.  In  the  administration  of  State  affairs  the  Prince  is  assisted 
by  one  or  more  counselors,  who  constitute  the  Government  and  whom 
the  Prince  appoints  at  his  own  choice  and  dismisses  at  pleasure. 
The  rights  of  the  dismissed  are  defined  by  the  civil-service  law. 

The  members  of  the  Government  are  not  answerable  to  the  Estates 
General. 

Sec.  5.  All  Government  decrees  of  the  Principality  require  for 
their  authentication  and  the  prevention  of  any  misuse  of  the  Sov- 
ereign's signature  and  in  order  that  it  may  thus  be  at  once  apparent 
who  is  to  be  held  responsible  for  the  decree,  the  counter-signature  of 
one  of  the  members  of  the  Government. 

Sec.  6.  The  responsibility  of  the  members  of  the  Government  con- 
sists in  the  fact  that  the  same  may  not  only  be  sued  in  the  civil  courts 
for  illegal  transactions  and  omissions,  and  subjected  to  judicial  ex- 
amination for  common  or  special  official  misdeeds,  but  may  also  be 
prosecuted  criminally  for  violation  of  the  Constitution  and,  in  fact, 
for  deeds  as  well  as  for  omissions,  if  they  be  contrary  to  the  provisions 
of  this  organic  act. 

Sec.  7.  Criminal  proceedings  for  violations  of  the  Constitution  can 
only  be  instituted  in  virtue  of  a  resolution  of  the  Diet. 

The  eventual  resolution  requires  a  two- thirds  majority  of  the  votes 
cast. 

Seo.  8.  If  such  a  resolution  is  before  the  Diet,  it  must  be  trans- 
mitted through  its  executive  committee  to  the  Prince.  Simulta- 
neously the  Diet's  executive  committee  must  file  in  the  princely 
court  of  appeals  together  with  a  copy  of  the  resolution  a  duly  moti- 
vated motion  to  institute  the  investigation.  The  court  hears  the 
accused  as  well  as  his  counsel,  if  any,  in  regard  to  the  charges,  sets 
in  motion  all  requisite  discussions,  and  decides  according  to  existing 
laws,  but  excluding  all  publicity,  through  a  commission  consisting 
of  three  members. 

Against  this  decision  both  accused  and  accuser  have  the  remedies 
granted  in  criminal  procedure. 

Appeal  is  to  the  full  sitting  of  the  court  of  appeals. 

Title  IV.  Domains. 

Sec.  9.  The  entire  Crown  property  with  all  its  rights  and  liabili- 
ties remains  forever  entailed  property  of  the  Princely  House  and  de- 
scends in  the  same  from  generation  to  generation  according  to  the 
principles  governing  the  succession  to  the  throne. 

Its  administration  is  reserved  for  special  stipulations. 

Sec.  10.  Domains  can  only  be  alienated  with  the  consent  of  the 
Diet. 


CONSTITUTION   OF   SCHWARZBURG-RUDOLSTADT.  418 

For  the  alienation  of  unimportant  portions  of  the  domains,  in 
particular  also  for  the  redemption  of  rights  and  obligations  thereof, 
the  consent  of  the  Diet  is  not  necessary.    All  moneys  derived  from 
such  sales  and  redemptions  are  to  be  added  to  the  capital  of  the^ 
domains. 

Sec.  11.  The  entire  revenues  of  the  domains  will,  conformably  to 
the  stipulations  to  be  made  in  regard  to  them,  be  used  in  the  first 
place  to  cover  the  household  expenses  of  the  Reigning  Prince's  court 
and  for  the  support  of  the  princely  family.  The  surplus  will  go  to 
defray  the  general  expenses  of  the  administration  of  the  country. 

Title  V.  The  Diet. 

(1)    GENERAL  PROVISIONS. 

[Sections  12-16  replaced  by  the  following  three  sections  of  the 
law  of  November  16,  1870.] 

Section  1.  The  Diet  of  the  Principality  consists  of  16  deputies,  of  whom 
4  are  elected  by  the  most  highly  taxed  and  12  chosen  at  general  elections. 
Elections  are  direct  and  by  secret  ballot.  Further  provisions  concerning  the 
election  of  deputies  are  contained  in  the  election  law. 

Sec.  2.  Functionaries  require  no  leave  of  absence  to  enter  the  Diet.  If  a 
member  of  the  Diet  accepts  a  salaried  public  office  or  enters  upon  an  office  in 
the  service  of  the  State  to  which  a  higher  rank  or  a  larger  salary  is  attached, 
he  loses  his  seat  and  vote  in  the  Diet  and  can  only  recover  his  place  therein 
through  a  new  election. 

Sec  3.  Deputies  to  the  Diet  are  elected  for  a  term  of  three  years. 

Sec.  17.  Deputies  to  the  Diet  represent  the  whole  country.  They 
vote  according  to  their  own  convictions  and  are  not  bound  by  any 
orders  or  instructions. 

Sec.  18.  Every  deputy  on  entering  the  Diet  must  swear  that  as 
deputy  he  will  faithfully  preserve  the  Constitution,  and  to  the  best 
of  his  knowledge  and  judgment  look  after  the  welfare  of  the  Prince 
and  the  country. 

Sec.  19.^  Apart  from  the  provision  of  section  16  and  from  the 
case  of  death,  the  right  of  deputies  to  the  Diet  is  extinguished : 

1.  By  dissolution  of  the  Diet  on  the  part  of  the  Prince ; 

2.  P>y  loss  of  one  of  those  qualifications  on  which  eligibility  is 
conditioned ; 

3.  By  voluntary  retirement; 

4.  By  the  opening  of  proceedings  to  determine  the  deputy's  solva- 
bility. 

In  all  these  cases  an  election  is  required  to  fill  the  vacancy  created 
in  the  Assembly. 

Sec.  20.  The  Diet  is  duly  competent  to  pass  resolutions  as  soon  as 
there  are  at  least  11  deputies  present. 

1  Section  19,  no.  5,  repealed  by  law  of  November  16,  1870,  article  2. 


414  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Kesolutioiis  of  the  Diet,  in  so  far  as  the  present  law  (sees.  7,  40) 
or  the  order  of  business  does  not  rule  otherwise,  are  adopted  by  a 
simple  majority  of  votes. 

Sec.  21.  In  case  of  dissolution  of  the  Diet  by  the  Prince,  pre- 
liminary arrangements  mlist  be  made  within  three  months  at  the 
latest  for  the  holding  of  new  elections.  The  reconvening  of  the 
Diet  must  follow  at  the  latest  six  months  after  its  dissolution. 

(2)    RIGHTS    OF   TIIK   1)1  KT. 

Sec.  22.  The  Diet  of  the  Principality  is  qualified  to  make  use  of 
and  to  exercise  the  rights  assigned  to  it  by  the  i)resent  law. 
Sec.  23.  The  Diet  of  the  Principality  has  the  following  rights : 

1.  The  right  of  assent  in  regard  to  general  public  laws  which  are 
to  be  enacted; 

2.  The  right  of  sanctioning  taxes  and  other  burdens  imposed  on 
the  subjects  of  the  State ; 

3.  The  right  of  cosupervision  of  the  expenditure  of  the  taxes  and 
other  State  revenues; 

4.  The  right  of  petition  and  complaint. 

(a)  Legislation. 

Sec.  24.  The  Diet's  right  of  concurrence  in  legislation  consists  in 
this,  that  all  general  laws  about  to  be  enacted,  which  involve  the 
fundamental  laws  of  the  Principality,  or  the  personal  liberty,  the 
security,  or  the  propertj^  of  subjects  of  the  State,  whether  in  the 
whole  country  or  only  in  particular  sections,  must  be  referred  to  it 
for  consideration  and  approval. 

Sec.  25.  Only  in  cases  of  urgent  necessity  may  such  laws,  if  the 
Diet  is  not  in  session,  be  enacted  on  the  responsibility  of  the  mem- 
bers of  the  Government.  But  the  same  must  immediately  upon  its  re- 
assembling be  submitted  to  the  Diet  for  approval. 

Sec.  26.  Laws  are  binding  if  promulgated  in  the  hereinbefore  pre- 
scribed form. 

The  right  to  test  the  constitutionality  of  properly  promulgated 
Jaws  belongs  not  to  the  authority  but  to  the  Diet. 

(6)  Imposition  of  taxes  and  other  burdens  on  the  IStatc's  subjects. 

Sec.  27.  In  imposing  taxes  or  other  burdens  on  the  subjects  of  the 
State  the  Diet  has  concurrence  in  the  sense  that  without  its  being 
heard  or  without  its  assent  neither  taxes  nor  similar  dues  or  pay- 
ments may  be  imposed  or  levied  in  the  Principality ;  nor  is  it  per- 
missible to  effect  an  increase  in  the  public  debt  or  to  contract  obliga- 
tions amounting  to  the  same.  The  Government  is  empowered  to  eifect 
a  temporary  increase  in  the  debt  if  such  increase  be  necessary  to  meet 


CONSTITUTION   OF   SCHWARZBURG-RUDOLSTADT.  415 

the  ciu'reiit  expenses  of  the  State  and  can  be  made  up  in  the  course 
of  the  same  financial  term. 

Sec.  28.  The  needs  of  the  State  and  the  means  required  to  meet 
them  shall  be  determined  in  advance  for  every  three-year  financial 
term  by  the  Government  and  the  Diet. 

For  this  purpose  the  Government  has  to  lay  before  the  Diet  for 
every  financial  term  a  statement  of  expenditures  and  revenues. 

In  drawing  up  and  fixing  this  budget  the  following  principles 
should  guide,  namely,  that  the  Principality  must  at  all  times  be  in  a 
position  to  meet  its  Federal  and  stipulated  obligations  and  that  the 
general  administration  of  the  State  should  be  regulated  in  a  manner 
corresponding  to  tlie  real  needs  of  the  country  as  well  as  to  the  habits, 
usages,  and  traditions  of  other  well-regulated,  monarchical  German 
States  of  about  the  same  size. 

The  budget  thus  drawn  up  shall  be  published  in  the  form  of  a  law. 

Sec.  29.  Should  it  happen  that  no  agreement  can  be  arrived  at 
between  the  Government  and  the  converted  Diet  before  the  expiration 
of  the  financial  period,  the  approved  taxes  and  other  revenues  may 
be  levied  at  the  most  for  another  triennium  (for  a  full  financial  term) 
and  expended  in  accordance  with  the  last  budget  of  expenses. 

The  same  holds  gocjd  if,  owing  to  special  circumstances,  it  becomes 
impossible  to  convene  the  Diet  in  time. 

Sec.  30.  The  State  Government  must  take  every  precaution  to  keei) 
within  the  expense  budget  and  is  answerable  for  any  overdrawing 
of  the  budget  as  a  whole. 

Sec.  31.  Government  transactions,  whereby  the  country's  regular 
income  is  dimiliished,  require  the  consent  of  the  Diet  to  be  carried 
through. 

To  this  class  belong,  in  particular,  sales  of  princely  domains  (sec. 
10)  and  the  conclusion  of  treaties  for  the  cession  of  territory 
whereby  subjects  of  the  State  sever  connections  with  the  State. 

Sec.  32.  In  regard  to  the  aggregate  indebtedness  of  the  country 
the  Diet  is  always  to  be  furnished  with  full  particulars.  For  the 
duration  of  the  present  arrangement  in  regard  to  the  State  liabilities 
the  same  provisions  will  hold  as  have  hitherto  prevailed;  that  is,  con- 
tracted debts  will  first  be  covered  by  an  issue  of  so-called  treasury 
notes  as  interim  promissory  notes,  certified  by  a  member  of  the  Gov- 
ernment. As  soon  as  the  general  treasury's  cash  account  for  the  year 
in  which  the  treasury  note  is  issued  has  been  laid  before  the  finance 
committee  (sees.  42  and  43)  the  treasury  notes  are  converted  into 
princely  bonds. 

The  latter  are  signed  by  the  finance  committee  in  the  first  draft, 
ratified  by  the  Prince  in  the  engi-ossed  copy,  and  countersigned  by 
the  Government. 


416  CONSTITUTIONS  OF   THE  GERMAN   STATES, 

(c)  Co-fiuperviHon  of  State  Revenues. 

Sec.  33.^  Together  Avith  the  estimate  of  revenues  and  expenses 
(Constitution,  section  28)  the  closed  and  not  yet  audited  yearly  ac- 
counts of  the  general  treasury  and  public  credit  office  are  submitted  to 
the  Diet  for  revision.  The  committee  charged  with  this  revision 
(sees.  68  and  69  of  the  order  of  business  for  the  Diet — Code  of  laws, 
1855,  p.  21 — )  is  at  liberty  at  the  same  time  also  to  go  over  the  sub- 
ordinate posts'  computations  submitted  as  documentary  evidence  of 
the  correctness  of  the  accounts  of  the  head  office.  The  members  of 
the  committee  have  also  to  sign  the  princely  bonds. 

Sec.  34.^  Only  the  Diet  is  competent  to  ratify  an  actual  overdraw- 
ing of  the  total  expense  budget. 

{d)  Right  of  petition  and  complaint. 

Sec.  35.  The  Diet  has  the  right  not  only  to  prefer  charges  against 
Government  members  for  violations  of  the  Constitution,  but  also  to 
lay  before  the  Prince  complaints  regarding  abuses  or  derelictions  in 
the  superintendence  and  the  administration  of  justice,  of  offenses 
against  the  constitutional  rights  of  the  country,  as  well  as  the  civil 
rights  of  individual  subjects ;  likewise  to  submit  to  him  their  wishes 
respecting  the  introduction  of  improvements  for  the  general  good,  as 
well  as  to  present  motions  for  the  enactment  of  laws. 

(3)   EXERCISE  OF  THE  DIET'S  BIGHTS. 

Sec.  36.  The  Diet  may  not  meet  without  having  been  previously 
convoked  by  the  Prince. 

Sec.  37.  The  Diet  exercises  the  rights  belonging  to  it  partly  in  ordi- 
nary, partly  in  extraordinary  sessions,  partly  through  the  committee 
of  the  Diet  and  the  finance  committee. 

Sec.  38.  The  sessions  of  the  Diet  are,  according  to  more  detailed  ar- 
rangement of  the  order  of  business,  partly  public,  partly  secret.  The 
order  of  business  to  be  promulgated  is  published  as  a  law. 

Sec.  39.  The  Diet  is  called  into  ordinary  session  every  three  years 
for  the  purpose  of  determining  the  requirements  of  the  State  adminis- 
tration and  of  considering  and  passing  resolutions  respecting  other 
measures  proposed  by  the  Government. 

Sec.  40.  Extraordinary  sessions  of  the  Diet  are  convoked  if  bills  are 
to  be  laid  before  it  whose  urgency  does  not  permit  of  their  being  post- 
poned until  the  convening  of  the  regular  session  of  the  Diet. 

Sec.  41.  The  cloture  of  every  session  of  the  Diet  depends  on  the 
Prince. 

1  Sections  33,  34,  paragraph  1,  and  section  42,  paragraph  4,  and  section  45  were 
replaced  by  the  law  of  March  22,  1861,  printed  in  section  33. 

2  Compare  note  to  sec.  33. 


CONSTITUTIOX    OF    SCHWAEZBUEG-KUDOLSTADT.  417 

(4)   COMMITTEES  OF  THE  DIET  AND  OF  FINANCE. 

Sec.  42.^  At  the  close  of  every  regular  session  of  the  Diet,  the  Diet 
appoints  a  Committee  of  the  Diet,  which  performs  its  duties  until  the 
next  regular  Diet  meets. 

The  Committee  of  the  Diet  is  composed  of  the  chairman  of  the  Diet, 
his  substitute,  and  four  deputies  to  the  Diet  to  be  chosen  by  a  ma- 
jority of  votes. 

In  the  event  of  the  death  of  individual  members  a  substitute  is 
forthwith  elected. 

Sec.  43.  The  Committee  of  the  Diet  meets  as  soon  as  it  is  called  to- 
gether by  the  Prince,  and  its  activities  extend  to  the  foUowins 
matters : 

(1)  It  may  have  presented  to  it  for  preliminary  consideration  and 
to  prepare  the  way  for  the  transactions  of  the  Diet  drafts  of  budgets 
and  bills,  which  are  thereupon  to  be  introduced  in  the  Diet.  By 
unanimous  consent  of  the  Committee  of  the  Diet  even  the  enacting 
of  provisional  laws,  excepting  the  cases  provided  for  in  section  25,  is 
permissible  if  warranted  by  circumstances. 

(2)  Bills  prepared  by  the  State  Government  upon  the  motion  of 
the  Diet,  stating  the  reasons  therefor,  may  be  submitted  to  the  Com- 
mittee of  the  Diet  and,  if  the  committee  declares  its  concurrence, 
forthwith  promulgated  as  laws. 

(3)  The  Committee  of  the  Diet  is  entitled  and  bound  to  bring  un- 
constitutional occurrences  to  the  notice  of  the  Prince  and  move  for  a 
remedy.  To  this  end  the  director  of  the  Diet,  as  chairman  of  the 
committee  is  empowered  to  request  the  Prince  to  convene  the  Diet 
or  the  committee. 

Sec.  44.  With  the  Prince's  consent  still  other  powers  of  the  collec- 
tive Diet  may  be  transferred  by  resolution  of  the  Diet  to  the  Com- 
mittee of  the  Diet  to  be  exercised  od  interim. 

The  Prince  is  at  liberty  to  convene  the  Committee  of  the  Diet  even 
outside  the  cases  aforementioned  as  often  as  he  desires  to  obtain 
its  advice  or  hear  its  opinion  on  any  matter  whatever. 

Sec.  45.1 

Title  VI.  Guaranty  of  the  Constitution. 

Sec.  46.  The  present  law  can  only  be  repealed  or  amended  by  the 
process  of  regular  legislation.  At  least  three-fourths  of  the  depu- 
ties to  the  Diet  must  be  present  in  passing  a  resolution  to  this  effect^ 
and  of  these  at  least  two-thirds  must  vote  for  the  repeal  or 
amendment. 

iCf.  note  to  sec.  33. 
92975—19 27 


418  CONSTITUTIONS   OF    THE   GERMAN    STATES. 

Sec.  47.  In  the  event  of  a  change  of  Government  the  new  Prince, 
iind  in  case  of  the  minority  of  the  Sovereign  or  any  other  impediriiont 
to  his  accession,  the  regent  shall  promise  for  the  term  of  his  admin- 
istration and  on  his  princely  word  that  he  will  recognize  the  Con- 
stitution and  maintain  and  protect  the  same. 

This  declaration  shall  be  proclaimed  by  letters  patent  on  his 
assuming  power. 

Sec.  48.  Every  civil  functionary  shall  henceforth,  in  taking  the 
oath  of  office,  swear  at  the  same  time  that  he  will  steadfastly  and 
faithfully  maintain  the  constitutional  provisions  of  the  country  and 
observe  the  same. 

The  same  applies  also  to  church  and  school  employees. 

Title  VII.  Final  provision. 

Sec.  49.  All  hitherto  existing  provisions  incompatible  with  the 
present  Constitution,  particularly  the  Puhlicandum  on  Popular 
Representation  of  January  8,  1816,  the  final  resolution  of  the  Diet 
of  April  21, 1821,  the  law  on  the  Responsibility  of  the  Members  of  the 
Princely  Privy  Council  Board  of  June  2,  1848  (Code  of  laws,  1848, 
p.  21  et  seq.),  the  election  law  of  June  9,  1848  (Code  of  laws,  1848, 
p.  26  et  seq.)^  and  the  ordinance  respecting  the  execution  of  said  law, 
of  same  date  (Code  of  laws,  1848,  p.  29  et  seq.),  are  hereby  repealed. 
In  faith  whereof,  we  hereto  affix  our  autograph  signature  and 
princely  seal. 

Given  at  Rudolstadt,  March  21,  1854. 

FRIEDRICH  GUNTHER,  P.  of  S. 

V.  Bertrab.  Scheidt. 

v.  Ketelhodt.  v.  Bamberg. 


SCHWARZBURG-SONDERSHAUSEN.i 

CONSTITUTION  OF  JULY  8,   1857.2 

[Preamble.] 

We,  Giinther  Friedrich  Carl,  by  grace  of  God,  Prince  of 
Scliwarzburg,  Count  of  Hchenstein,  Lord  of  Arnstadt,  Sonders- 
hausen,  Leutenberg,  and  Blankenburg,  make  known  the  following 
Constitution  promulgated  with  the  consent  of  the  Diet : 

Section  I. — Concerning  the  Principality  and  its  Constitution  in 

general. 

Article  1.  The  Principality  of  Schwarzburg-Sondershausen  consti- 
tutes in  its  present  component  parts  an  indivisible  and,  by  virtue  of 
its  statutory  laws,  a  united  State. 

Art.  2.  The  Government  form  of  the  Principality  is  an  hereditary 
monarchy  with  representation  in  the  national  Diet. 

Art.  3.3 

Art.  4.  The  Evangelical-Lutheran  Church  is  the  State  Church. 
The  Evangelical-Lutheran  Prince  exercises  the  right  of  a  bishop  in 
the  Church. 

Art.  5.  Each  parish  administers  its  own  affairs  independently,  in 
so  far  as  the  said  administration  is  not  restricted  by  the  lawful  super- 
vision of  the  State. 

Art.  6.  The  conditions  relative  to  the  acquisition  or  loss  of  citizen- 
ship or  nationality  and  the  rights  pertaining  thereto  are  fixed  by  law. 

Art.  T.  The  Constitution  as  adopted  December  12,  1849,  together 
with  the  laws  of  August  2, 1852,  and  March  28, 1854,  are  rescinded. 

Section  II. — Concerning  the  Prince. 

Art.  8.  The  Prince  is  vested  with  the  ruling  power  in  the  Prin- 
cipality. He  possesses  all  rights  of  executive  power  and  in  the  exer- 
cise of  this  power  is  only  obliged  to  cooperate  with  the  Diet  in 
so  far  as  the  Constitution  definitely  provides  for. 

Art.  9.  The  person  of  the  Prince  is  inviolable  and  sacred.  He 
stands  above  all  personal  responsibility. 

Art.  10.  All  Government  business  is  conducted  under  the  super- 
vision of  the  Prince  by  a  Ministry. 

1  Translation  by  Miss  M.  (?.  Goldenbow  based  on  the  text  as  found  in  Stoerk-Rauch- 
haupt,  pp.  470-480. 

2  This  copy  of  the  revised  text  of  the  Constitution  is  found  in  the  appendix  to  the 
Code  of  laws  for  1912. 

3  Article  3  was  abolished  by  law  of  August  2,  1866. 

419 


420  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

The  Prince  names  and  dismisses  the  members  of  the  Ministry  ac- 
cording to  his  own  will.  The  rights  of  the  dismissed  members  are  set 
forth  by  the  law  pertaining  to  ciAdl  Government  service. 

Art.  11.  All  decrees  of  the  Prince  in  Government  matters  need  for 
their  validity  a  counter-signature  of  at  least  one  member  of  the 
Ministry. 

Art.  12.  The  members  of  the  Ministry  are  made  responsible  for  all 
actions  taken  in  their  official  capacity,  as  well  as  for  any  neglect  of 
their  duty. 

The  responsibility  for  the  decrees  of  the  Prince  rests  with  those 
members  of  the  Ministry  who  signed  the  bill  with  the  Prince. 

Art.  13.^  The  succession  to  the  throne  is  hereditary  in  the  male 
line,  according  to  the  right  of  primogeniture  and  lineal  succession. 

After  the  extinction  of  the  male  line  in  the  Princely  House  of 
Schwarzburg-Sondershausen  the  following  succession  takes  place  in 
the  Government  of  our  Principality,  by  virtue  of  the  agreement  of 
the  Princely  House  of  September  7,  1713,  and  of  the  agreement  made 
by  all  the  agnates  of  the  Princely  House  of  Schwarzburg  of  April 
21,  1896 : 

(a)  The  ruling  Prince  Giinther  of  SchAvarzburg-Rudol^tadt  and 
his  legitimate  male  descendants ; 

(h)  In  the  case  of  the  death  of  the  ruling  Prince  Giinther  of 
Schwarzburg-Rudolstadt  without  legitimate  male  descendants: 

Prinz  Sizzo  of  Leutenberg,  son  of  the  late  Prince  Friedrich  Giin- 
ther of  Schw^arzburg-Rudolstadt  and  of  his  wife,  Helene,  Countess  of 
Reina,  Princess  of  Anhalt,  as  well  as  his  legitimate  children,  the 
result  of  a  marriage  consented  to  by  the  Ruling  Prince  of  Schwarz- 
burg-Rudolstadt. 

After  the  total  extinction  of  the  male  line  of  the  Princely  House  of 
Schwarzburg,  the  Government  passes  to  the  female  line  of  the  House 
of  Schwarzburg  wdthout  distinction  of  sex.  In  case  of  proximity  of 
relationship  within  a  single  line  or  between  several  lines,  seniority 
takes  precedence.  All  female  members  of  the  princely  line  who  are 
or  have  been  unequally  married  are  excluded  from  succession. 
Among  the  decendants  of  the  Prince  chosen  according  to  the  fore- 
going provisions,  the  precedence  of  the  male  line  comes  again  into 
force  with  the  right  of  primogeniture  and  of  pure  lineal  descent. 

Art.  14.  The  lawful  Government  transactions  of  the  last  ruler  ob- 
ligate the  successor  to  the  same  form  of  administration. 

Art.  15.  The  Prince  becomes  of  age  with  his  eighteenth  year,  at 
which  time  he  can  take  over  the  Government. 

Art.  16.  In  case  the  Prince  is  under  age,  a  regent  will  be  appointed 
for  the  administration  of  the  Principality.     Should  the  Prince  be 

1  Sees.  2  ff.  are  based  on  the  law  of  August  14,  1896. 


CONSTITUTION   OF   SCHWARZBUBG-SONDERSHAUSEN.  421 

unable  to  govern,  a  regency  will  take  care  of  the  Government.  Only 
one  person  can  take  the  regency. 

All  matters  pertaining  to  the  inability  to  govern  the  Principality 
and  the  procedure  of  appointing  a  responsible  party  for  the  regency, 
as  well  as  for  the  education  of  the  Prince  until  he  becomes  of  age,  are 
subject  to  a  regulation  by  special  laws. 

Art.  17.  The  regent  exercises  in  the  name  of  the  Prince  all  the  ex- 
ecutive power  vested  in  the  Prince.  No  changes  are  allowed  to  be 
made  in  the  Constitution  which  would  limit  the  rights  of  the  Prince 
or  place  additional  obligations  upon  him. 

Art.  18.  The  Prince,  also  the  regent,  must  at  his  accession  to  the 
rulership  issue  a  written  document  in  which  he  must  swear  that  he 
will  recognize  the  Constitution  and  support  and  protect  the  laws  of 
the  country. 

This  document  is  deposited  with  the  Committee  of  the  Diet,  which 
is  to  be  called  immediately  for  the  purpose.  It  is  to  be  preserved  in 
the  archives  of  the  Diet  and  published  in  the  body  of  laws. 

Arts.  19  and  20.  [Articles  19,  20  of  the  Constitution,  the  laws 
concerning  the  civil  list  of  March  18,  1850,  and  the  increase  of  the 
domain  property  rent  of  December  25,  1859,  and  June  29,  1857,  per- 
taining to  the  exceptionally  large  districts  for  wood  cutting  in  the 
forests  of  the  princely  crown  lands,  are  rescinded  by  act  of  the  provi- 
sion of  June  14,  1881,  which  provides  that  this  crown  land  be  called 
the  private  property  of  the  princely  lands.] 

Section  III.  Concerning  the  Diet. 

A.    GENEEAL    PBOVISIONS. 

Art.  21.  The  Diet  represents  the  entire  population  and  exercises 
the  rights  accorded  to  it  by  the  Constitution. 

Art.  22.  The  members  of  the  Diet  are  elected  by  vote. 

Art.  23.^  Every  person  i^  subject  to  election  who  has  the  right 
to  vote,  and  who  is  30  years  of  age. 

Officials  need  neither  permits  nor  leave  of  absence  to  attend  the 
Diet. 

Art.  24.  To  refuse  to  serve,  and  to  withdraw  from  the  membership 
of  the  Diet,  is  the  privilege  of  everyone. 

Art.  25.  The  Diet  alone  has  the  decision  over  the  validity  of  the 
elections. 

Art.  26.2  'pj^^  j)^^^  jg  regularly  called  by  the  Prince  the  second 
and  fourth  year  of  every  budget  period  (cf.  article  44)  and  besides 
as  often  as  circumstances  require  it. 

1  Article  23,  paragraph  2,  was  added  by  law  of  February  27,  1911. 

2  On  and  after  April  1,  1904,  the  fiscal  year  for  the  administration  begins  on  the 
1st  of  April.  According  to  the  law  of  August  15,  1901,  articles  26,  44,  77,  and  84  are 
included.  On  the  same  day  the  new  four-year  periods  for  finance  and  legislation,  as 
stipulated  by  articles  26  and  44,  begin. 


422  CONSTITUTIONS  OF   THE   GEKMAN  STATES. 

Without  the  summons  of  the  Prince  the  Diet  can  hold  no  sessions. 

Art.  27.  The  Prince  in  person  opens  and  closes  the  general  meeting 
of  the  Diet  or  authorizes  a  member  of  his  Ministry  to  do  so. 

Art.  28.  The  Prince  has  the  right  to  postpone  a  meeting  of  the 
Diet,  and  he  can  also  dissolve  it. 

Art.  29.  In  case  of  a  dissolution,  the  order  for  a  new  election  must 
be  given  within  four  weeks,  and  the  call  for  an  assembly  of  the  newly 
elected  Diet  within  six  months  from  the  date  of  the  dissolution  of  the 
former  Diet. 

Art.  30.  Members  of  the  Diet  must  consider  themselves  as  repre- 
sentatives of  the  entire  State.  They  should  vote  in  accordance  with 
their  conviction.  They  are  not  obliged  to  consider  commissions  nor 
conform  to  instructions. 

Art.  31.^  Members  of  the  general  Diet  must  take  the  following  oath 
of  office  at  their  first  appearance  in  an  open  session : 

You  swear  by  God,  the  Almighty  nnd  All-knowing  that  you  will  be  faithful  and 
obedient  to  the  Prince,  that  you  will  conscientiously  observe  the  Constitution, 
that  you  will  to  the  best  of  your  ability  act  for  the  welfare  of  the  Prince  and 
the  State. 

The  oath  is  administered  by  the  president  of  the  Assembly  of  the 
Diet  in  this  way :  He  reads  the  Avords  of  the  oath  to  the  new  mem- 
ber, and  the  latter,  in  raising  his  right  hand,  says :  "  I  swear  it,  so 
help  me  God."  According  to  the  religion  of  the  person  who  swears, 
the  oath  may  be  supplemented  by  special  formulas. 

If  a  deputy  is  elected  president  who  has  not  as  yet  taken  the  oath  of 
office,  the  president  of  the  Ministry  or  his  authorized  representative 
will  administer  the  oath  of  office. 

Who  refuses  to  take  the  oath  of  office  loses  his  capacity  as  a  member 
of  the  Diet. 

Art.  32.  The  members  of  the  Diet  can  never  be  held  to  account  for 
their  manner  of  voting;  they  shall  not  be  responsible  for  their  re- 
marks. In  case  the  remarks  constitute,  a  transgression  of  law  and 
order,  the  Diet  may  require  the  matter  to  be  brought  before  the  court. 

Art.  33.2  'pj^g  members  of  the  Diet  receive  living  and  traveling 
expenses  in  accordance  with  legislative  measures. 

B.   CONCEENING  THE  JURISDICTION   OF   THE  DIET. 

Art.  34.  The  Diet  takes  part  in  the  exercise  of*  the  legislative 
power. 

Laws  can  only  be  made,  modified,  or  rescinded  with  the  consent  of 
the  Prince  and  of  the  Diet,  except  if  otherwise  provided  by  article  39. 

Art.  35.  The  right  to  propose  new  laws  belongs  to.  the  Prince  and 
to  the  Diet. 

1  Article  31  was  revised  by  law  of  March  5,  1912. 

2  Article  33  modified  by   law   of  February   27,   1911. 


CONSTITUTION    OF   SCHWAEZBURG-SONDERSHAUSEN.  42^ 

Art.  36.  Bills  proposed  b.y  the  Prince  and  submitted  to  the  Diet 
may  be  altered  or  amended  according  to  the  disposition  of  the 
Assembly. 

Art.  37.  Should  the  Prince  disapprove  of  alterations  or  amend- 
ments wholly  or  partially,  the  Diet  must  either  accept  the  bill  in  the 
revised  form  as  it  is  presented  for  the  second  time  or  reject  it  in  its 
entirety. 

Art.  38.^  For  a  decision  of  the  Diet  regarding  the  acceptance  of 
modifications  or  additions  to  this  Constitution  two  votes  are  neces- 
sary. Two  weeks  at  least  must  intervene  between  the  first  and  the 
second  vote,  and  a  two-thirds  vote  of  the  members  of  the  Diet  present 
is  required  for  its  incorporation  into  the  Constitution.  The  Diet  has 
the  power  by  decision  of  the  same  majority  to  shorten  the  intervening 
time  of  two  weeks  between  the  first  and  second  vote  to  three  days. 

Art.  39.  The  Prince  can  pass  new  laws  independently  of  the  Diet, 
provided  they  are  urgent  and  can  not  be  delayed  until  the  next  meet- 
ing of  the  general  Diet. 

The  laws  made  by  the  Prince  alone  must  not  entail  any  modifica- 
tion oi  the  Constitution.  They  must  be  submitted  to  the  Diet  at  its 
next  meeting  with  reason  for  their  adoption. 

Should  the  advisory  council  which  deliberated  on  the  passage  of 
the  law  not  succeed  in  obtaining  the  consent  of  the  next  general  Diet 
by  virtue  of  articles  36,  37,  the  law  must  be  revoked  or  after  the 
close  of  the  general  meeting  be  laid  before  the  next  Diet. 

Art.  40.  The  Prince  makes  the  new  laws  public,  with  special  ref- 
erence to  the  consent  of  the  Diet  on  grounds  of  article  39. 

Art.  41.  After  a  due  publication  of  the  enactment  of  the  law  as 
provided  in  article  40  it  is  valid. 

Art.  42.  State  contracts  need  the  consent  of  the  Diet  if  by  the 
promulgation  thereof  the  Government  or  the  people  assume  special 
obligations. 

Art.  43.  An  exception  to  this  rule  is  formed  by  Government  con- 
tracts relative  to  the  Principality  of  Thuringia,  and  respectively 
to  the  German  Customs  and  Commercial  Union. 

Art  44.2  p^j.  ^very  finance  period  of  four  years  a  budget  is  made 
up  and  incorporated  in  the  State  budget. 

The  last  budget  is  laid  before  the  Diet  during  the  fourth  year  of 
every  fiscal  period  for  purposes  of  comparison  with  the  budget  of 
the  next  four  years.    After  due  comparison  it  is  confirmed  by  law. 

Art.  45.  This  Diet  can  not  withhold  its  consent  nor  the  funds  for 
meeting  all  expenditures,  be  they  of  a  Federal,  constitutional,  or  a 
civil  nature. 

1  Article   38    revised   and   amended   August   19,    1896. 
-  Compare   note   to   article   20. 


424  CONSTITUTIONS   OF   TIIE   GERMAN   STATES. 

Art.  46.  To  proA'ide  the  administration  with  sufficient  means  for 
unforeseen  events  which  mi^ht  require  an  extra  outlay,  a  reserve 
fund  will  be  set  apart  in  the  budget  upon  special  request  by  the  ad- 
ministration. 

Art.  47.  Taxes  and  other  lawful  duties  imposed  by  the  Govern- 
ment must  be  introduced,  raised,  or  lowered  by  special  legislation. 

Art.  48.  Existing  taxes  and  other  Government  dues  for  revenue 
purposes  will  be  levied  until  by  an  amendment  they  are  either  re- 
scinded or  changed. 

This  rule  is  not  enforced  in  cases  when  special  taxes  and  duties  are 
levied  for  exceptional  expenses  of  the  Government. 

Art.  49.  The  Government  revenues  must  be  used  for  the  purposes 
for  which  they  have  been  legislated. 

The  Ministry  has  therefore  to  give  strict  account  of  sums  which  it 
uses  for  purposes  other  than  those  which  they  were  originally  desig- 
nated to  serve.    (Cf.  articles  76-78.) 

Art.  50.  The  flotation  of  a  new  Government  loan  takes  place  only 
by  act  of  the  Diet.  Likewise  the  issuing  of  paper  money  and  the 
taking  over  of  guaranties  by  the  State. 

Art.  51.  By  the  mortgaging  of  crown  lands,  be  it  for  the  private 
accounts  of  the  Prince  or  for  the  improvement  of  the  property,  the 
provision  in  article  50  of  the  Constitution  is  fundamental  without 
any  differentiation. 

Art.  52.  The  records  of  all  debts  contracted  by  the  State  or  the 
exchequer  are  kept  by  the  treasury  which  has  charge  of  such  debts. 

For  the  validity  of  these  papers  it  is  necessary  that  they  bear  the 
signature  of  approval  of  the  Ministry  and  of  the  Provincial  As- 
sembly. 

Art.  53.  The  sale  of  public  lands  must  be  agreed  to  by  the  Diet. 
An  exception  is  made  in  the  following  cases : 

(1)  In  the  case  of  sales  authorized  by  a  court; 

(2)  In  the  case  of  chattels,  stock,  and  private  property; 

(3)  In  the  case  of  land  valued  at  not  over  1,000  thalers; 

(4)  In  the  case  of  buildings  no  longer  U3eful; 

(5)  By  a  cession  of  property  to  adjust  boundary  disputes. 

Art.  54.  Also  sales  of  property  belonging  to  the  crown  lands  must 
be  approved  by  the  Diet,  with  exceptions  as  stipulated  in  article  53, 
irrespective  of  whether  the  said  property  is  administered  for  the 
Prince  or  for  the  country. 

Art.  55.  The  Diet  has  the  right  to  consider  and  to  bring  to  the 
notice  of  the  Prince  or  of  the  Ministry  complaints  from  individual 
citizens  as  well  as  from  corporations.  Complaints  over  maladminis- 
tration and  abuses  in  the  practice  of  law,  also  proposals  and  sug- 
gestions conducive  to  the  furthering  of  public  interests,  may  likewise 
be  submitted  to  the  Prince  or  the  Ministry  for  consideration.    The 


CONSTITUTION   OF   SCHWARZBURG-SONDEKSHAUSEN.  425 

{ibolition  of  such  difficulties  takes  place  as  soon  as  the  complaints 
have  been  found  to  be  justified. 

Art.  56.  The  Diet  has  the  right  to  ask  the  Ministry  for  informa- 
tion on  subjects  pertaining  to  its  own  sphere  of  management.  In- 
formation may  be  refused  by  the  Mini3try  on  the  ground  that  it 
might  prove  prejudicial  to  a  decision  still  pending. 

Art.  57.  The  Diet  has  the  power  to  institute  court  proceedings 
against  members  of  the  Diet  who  have  violated  the  Constitution  or 
have  made  themselves  a  subject  of  complaint,  irrespective  of  whether 
they  still  hold  their  seats  in  the  Diet  or  whether  they  have  already 
been  dismissed.     (Cf.  article  12.) 

All  further  decisions  are  made  in  accordance  with  special  laws 
touching  the  cases. 

Members  of  the  Ministry,  against  whom  court  proceedings  are  in- 
stituted by  the  Diet,  can  not  claim  for  themselves  the  pardon  of  the 
Prince  without  the  consent  of  the  Diet. 

C.    CONCERNING  THE  BUSINESS   OF   THE   DIET. 

Art.  58.  The  Diet  has  direct  relations  only  with  the  Ministry. 

Art.  59.  Every  Diet  must  after  its  opening  elect  a  president  and  a 
vice-president  from  among  it3  members. 

Art.  60.  The  Diet  must  elect  a  secretary  {Syndikus)  from  among 
the  ranks  of  its  jurisconsults. 

The  secretary  is  the  legal  adviser,  clerk,  and  the  recorder  of  the 
Diet. 

Art.  61.  Petitions  and  complaints,  addressed  to  the  Diet  by  non- 
members  must  be  sent  in  writing  to  the  president  but  not  to  the  secre- 
tary. 

Art.  62.  The  sessions  of  the  Diet  are  open  to  the  public.  The  order 
of  business  determines  when  the  meetings  shall  be  closed  to  the  public. 
Demands  for  closed  sessions  may  come  from  the  Government  or  the 
Diet. 

Art.  63.  The  minutes  of  the  sessions  are  published.  Excepted  are 
those  taken  at  the  closed  sessions.  Parts  of  the  latter  may  be  pub- 
lished according  to  the  decision  of  the  Diet  and  the  Government. 

Art.  64.^  Bills  and  projects  of  the  Government  which  contain  prop- 
ositions are,  as  a  rule,  deliberated  on  twice.  After  the  first  delibera- 
tions they  are  passed  on  to  a  deputation  (commission)  for  a  critical 
review. 

Art.  65.  Members  of  the  Ministry  have  the  right  to  be  present  at 
the  sessions  of  the  Diet  and  of  the  deputation.  They  are  obliged  to 
be  present  in  so  far  as  the  Diet  or  the  deputation  requests  it.  Upon 
a  special  request  they  may  secure  a  hearing  at  an}^  time. 

^Article  64  newly  revised  by  law  of  February  27,   1911;   likewise  articles   67  and  71. 


426  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

Art.  66.  The  members  of  the  Ministry  have  the  right  to  appoint 
State  officials  to  represent  them  in  the  sessions  of  the  Diet  or  of  the 
Deputation,  and  these  officials  shall  then  possess  the  same  powers  as 
the  members  of  the  Ministry. 

Art.  67.^  The  Diet  can  only  then  pass  a  bill  when,  at  least  two-thirds 
of  tJie  members  are  present  at  the  session. 

In  case  the  bills  before  the  Diet  have  not  been  passed  on  because 
of  absence  of  a  quorum,  the  Ministry  must  request  that  the  bill  be 
again  laid  before  the  Diet,  not  before  three  or  at  latest  within  seven 
days.  In  this  session  one-half  of  the  total  membership  comprises  a 
quorum.  The  president  will  call  especial  attention  to  this  fact  when 
he  summons  the  Diet. 

Above  provisions  are  not  applicable  to  article  38  of  the  Constitu- 
tion as  defined  by  law  of  August  19,  1896  (General  Code,  p.  89). 

Art.  68.  All  decisions  of  the  Diet  shall  be  made  by  a  majority 
vote  of  the  members  present,  unless  this  Constitution  provides  other- 
wise, or  if,  in  the  case  of  elections,  the  order  of  business  modifies 
the  rule. 

Art.  69.  Should  there  be  a  tie  in  the  vote,  a  second  vote  will  be 
taken  at  the  following  session.  A  second  tie  in  the  vote  defeats  the 
motion. 

Art.  70.  Decisions  in  which  the  Diet  passes  bills  proposed  by 
the  Government  can  be  rescinded  rnly  by  consent  of  the  Ministry, 

Art.  71.^  The  Diet  makes  its  own  rules  for  order  of  business.  De- 
parture from  this  order  can  onlj^  take  place  in  accordance  with  the 
provisions  of  article  38  of  the  Constitution,  as  defined  by  law  of 
August  19,  1896  (Legal  Code,  p.  89),  and  must  be  passed  twice  by  a 
majority  of  two-thirds. 

The  order  of  business  procedure  is  announced  by  the  Ministry  and 
published  in  the  compilation  of  laws. 

The  above  order  of  procedure  is  valid  for  later  provisions  to  the 
Constitution. 

Section  IV. — Con-cermng  the  Diet  Committee. 

Art.  72.  The  president  of  the  Diet  and  two  other  members  of  the 
Diet  form  the  Diet  Committee.  They  are  chosen  after  the  election  of 
the  president  of  the  Diet  and  the  vice-president. 

A  new  committee  is  elected  at  the  opening  of  each  Diet. 

Art.  73.  The  committee  retains  its  office  until  the  next  session  of 
the  Diet,  when  a  new  committee  is  elected,  even  if  the  legislative 
period  has  expired  or  the  Diet  has  adjourned. 

Art.  74.  In  case  of  death  of  the  president  of  the  Diet  while  the 
Diet  is  not  in  session,  or  in  case  he  has  become  disqualified  or  is  tem- 


^  Compare  note  to  article  64. 


CONSTITUTION   OF   SCHWARZBURG-SONDERSHATJSEN.  427 

porarily  prevented  from  attending,  the  vice-president  takes  his  place. 
For  any  one  of  the  other  two  members  of  the  committee,  the  Diet  must 
in  each  case  elect  a  substitute  from  among  the  members  of  the  Diet. 

Art.  75.  The  president  and  vice-president,  respectively,  preside  at 
the  committee  meetings. 

Art.  76.  The  committee  of  the  Diet  has  principally  the  duty  to 
regulate  the  raising  of  taxes  and  revenues  and  to  see  that  the  State 
funds  are  expended  for  the  purposes  for  which  they  are  intended 
(article  49). 

Art.  77.^  All  financial  statements  of  the  past  year,  together  with 
the  receipts  and  auditor's  accounts,  as  well  as  an  account  of  the  ex- 
pending of  reserve  funds,  and  a  statement  of  the  justification  for 
the  expending  of  moneys  over  and  above  the  budget  provisions,  must 
be  laid  before  the  Committee  of  the  Diet.     (See  article  76.) 

Art.  78.  In  case  the  Committee  of  the  Diet  does  not  fully  approve 
of  the  manner  in  which  disposition  has  been  made  of  Government 
moneys  outside  of  the  budget  provision  and  considers  it  unjustifiable, 
the  committee  must  lay  the  matter  before  the  Diet  at  its  next  meeting. 

Art.  79.  The  committee  has  the  right  to  make  proposals  before  the 
Ministry  as  well  as  before  the  Diet  relatiA^e  to  existing  financial  con- 
ditions, and  to  institute  improvements. 

Art.  80.  The  written  approval  of  the  Diet,  which  must  accom- 
pany the  statements  of  the  financial  obligations  of  the  State  and  the 
exchequer  (cf.  article  52),  is  issued  by  the  president  and  the  provincial 
secretary.  The  minutes  of  the  debates  on  the  subject  and  the  books 
are  laid  before  the  committee  at  its  annual  meeting  (cf.  article  84) 
for  inspection  and  examination. 

Art.  81.  The  committee  must,  at  the  request  of  the  Diet,  prepare 
plans  for  the  next  meeting  of  the  Diet. 

Art.  82.  The  Diet  can  empower  the  committee  in  advance  to  act 
for  it  in  certain  specific  cases,  proyided  the  Ministry  agrees  to  it. 

Art.  83.  Without  any  commission,  too,  from  the  Diet,  the  com- 
mittee can  give  the  sanction  of  the  Diet,  if  the  case  is  sufficiently 
urgent.  This  can  be  done  in  the  sale  of  Government  or  Crown  prop- 
erty and  takes  place  in  accordance  with  the  provisions  in  articles 
53  and  54. 

Art.  84.2  'j^j^^  committee  on  finances  must  call  a  meeting  annually 
at  the  seat  of  the  Government  and  at  the  call  of  the  president  for  the 
purpose  of  examining  and  controlling  the  public  funds  (cf.  articles 
76  to  80). 

Art.  85.  Other  Government  business  outside  of  the  examining  of 
the  books  of  the  State  finances  may  at  the  discretion  of  the  president 
be  transacted  in  writing  by  the  members  of  the  committee. 

1  Compare  note  to  article  26. 

2  Modified  by  law  adopted  August  15,  1901.    Compare  also  note  to  article  26. 


428  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

This  provision  is  not  valid  if  the  Ministry  has  called  for  a  meeting 
of  the  committee. 

Art.  86.  The  Diet  Committee  makes  its  decisions  by  vote  of  the 
majority. 

The  sessions  are  not  open  to  the  public.  In  regard  to  cooperation 
of  the  Ministry  the  provisions  set  forth  in  articles  65  and  66  must  be 
enforced. 

Art.  87.  The  committee  must  furnish  an  account  to  the  next  Diet 
as  to  its  activity  during  the  recess  of  the  Diet. 
.  Arts.  88-96.1 

Article  1.  The  independence  of  the  courts,  the  .iuridical  constitution,  the  ad- 
justment of  juridical  administration,  questions  of  State  service  and  discipline  of 
judges,  are  decided  in  accordance  with  the  laws  and  the  existing  State  treaties. 

Art.  97.^  We  have  signed  this  Constitution  in  person,  which  we 
promise  to  observe  faithfully  and  to  protect  against  all  encroach- 
ment and  violation,  and  we  have  affixed  thereto  our  princely  seal. 

Sondershausen,  July  8,  1857. 

[l.  s.]  GtJNTHER  FRIEDRICH  CARL, 

Prince  of  S,  S, 
Countersigned:  v.  Elsner. 

1  Article  88-96  modified,  to  the  above  article  1  of  May  13,  1879,  by  decree  of  court. 

2  Rescinded  by  law  of  May  13,  1879,  which  came  into  force  with  the  law  providing  for  a 
judicial  constitution. 


WALDECK.^ 

CONSTITUTION  OF  AUGUST  17,  1852. 

[Preamble.] 

We,  Georg  Victor,  by  the  grace  of  God,  Keigning  Prince  of  Wal- 
deck  and  Pyrmont,  Count  of  Rappoltstein,  Lord  of  Hohenack  and 
Geroldseck  on  the  Wassiegen,  etc.,  inasmuch  as  the  Estates,  assem- 
bled in  extraordinary  session  by  order  of  the  Regency,  adopted  a 
resolution  for  the  drafting  of  a  Constitution  to  take  the  place  of  the 
fundamental  law  of  the  State,  of  May  23,  1849,  and  in  as  much  as 
we  have  felt  impelled  immediately  to  grant  it  our  sovereign  princely 
sanction,  hereby  promulgate  the  following  Constitution  for  the  Prin- 
cipalities of  Waldeck  and  Pyrmont. 

Title  I. — The  Territory  of  the  State. 

Section  1.  The  Principalities  of  Waldeck  and  Pyrmont  constitute 
a  German  Federal  State  united  under  one  and  the  same  Constitution. 

Sec.  2.  No  part  of  the  territory  of  the  State  may  be  alienated  with- 
out the  consent  of  the  joint  Estates. 

Boundary  adjustments  whereby  citizens  are  excluded  from  the 
territory  of  the  State  likewise  require  the  sanction  of  the  Estates. 

Title  II. — I'he  Princes  and  the  Princely  Houses.'^ 

Sec.  3.  In  the  Prince  is  united  the  entire  governmental  power,  in 
exercising  which  he  is  bound  to  observe  this  Constitution  and  the  con- 
stitutional laws  and  to  act  in  cooperation  with  the  representatives  of 
the  country  as  prescribed  by  the  present  Constitution. 

Sec.  4.  The  Prince  is  inviolable  in  his  person  and  irresponsible. 

Sec.  5.  All  governmental  edicts  of  the  Prince  require,  for  their 
validity,  to  be  countersigned  by  at  least  one  member  of  the  State 
Government,  who  thereby  assumes  the  constitutional  responsibility. 

S'ec.  6.  Lawg  may  be  enacted,  repealed,  amended,  or  authentically 
interpreted  by  the  Prince  only  with  the  consent  of  the  Diet. 

Sec.  7.  If  the  Diet  is  not  assembled,  decrees  which  do  not  embody 
a  modification  of  the  Constitution,  of  the  electoral  law,  of  the  compe- 
tency of  juries,  or  of  the  laws  referred  to  in  section  29,  or  which  do 

1  Translation  by  Wilfred  Stevens  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  481-496. 

2  Cf.,  in  connection  .  with  Title  II,  the  treaty  given  hereinbelow  between  Prussia  and 
Waldeck,  of  March  2,  1887,  and  the  final  protocol  of  the  same  date. 

429 


430  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

not  relate  to  matters  of  taxation,  may,  in  urgent  cases  permitting  of 
absolutely  no  delay,  be  enacted  with  the  force  of  law  under  the 
responsibility  of  the  State  Government. 

Such  decrees  must  be  submitted  to  the  next  Diet  for  its  sanction. 
If  no  agreement  is  then  reached,  the  decrees  issued  must  either  im- 
mediately be  repealed  or  submitted  to  a  new  Diet  to  be  assembled 
within  three  months.  If  this  Diet  also  refuses  its  sanction,  the  decrees 
in  question  shall  then  be  repealed. 

Sec.  8.  The  Prince  exercises  the  executive  power. 

He  appoints  and  dismisses  the  responsible  members  of  the  State 
Government,  the  counter-signature  mentioned  in  section  5  not  being 
required. 

He  promulgates  the  laws,  making  reference  to  the  sanction  of  the 
Estates,  or  to  section  7,  and  issues  the  necessary  decrees  for  the  en- 
forcement of  the  laws. 

Sec.  9.  The  Prince  alone  has  supreme  command  oyer  the  military 
establishment. 

Sec.  10.  Except  where  otherwise  provided  by  law,  the  Prince  fills 
all  positions  in  the  civil  and  military  service,  giving  preferential  con- 
sideration to  natives. 

Sec.  11.  The  Prince  represents  the  State  in  foreign  affairs  and  con- 
cludes treaties  with  foreign  Governments. 

Treaties  under  which  burdens  are  imposed  upon  the  State  or  obli- 
gations upon  individual  citizens  thereof  require  the  consent  of  the 
Estates  for  their  validity. 

Sec.  12.  The  Prince  has  the  right  of  pardon  and  of  mitigating  pun- 
ishment, as  well  as  of  granting  amnesty. 

In  case  of  a  complaint  raised  in  accordance  with  section  66,  he  may 
exercise  this  right  only  with  the  consent  of  the  Estates. 

It  is  left  to  the  discretion  of  the  Prince  to  remit,  in  occasional  cases, 
taxes  (except  ordinary  taxes),  fees,  and  other  dues. 

Sec.  13.  The  Prince  takes  up  his  chief  abode  in  this  country. 

The  seat  of  the  Government  shall  not  be  transferred  outside  the 
territory  of  the  country. 

Sec.  14.  If  the  Prince  is  temporarily  hindered  from  exercising  the 
power  of  government,  the  substitute  to  be  appointed  by  him  shall 
conduct  the  Government  during  such  hindrance  according  to  the  pro- 
visions of  this  Constitution. 

Sec.  15.  The  Government  is  hereditary  in  the  male  line  of  the 
Waldeck  Princely  House,  including  its  comital  line,  according  to  the 
right  of  primogeniture  and  of  agnatic  lineal  descent.  If  the  male 
line  becomes  extinct,  the  succession  to  the  Government  passes  to  the 
female  line.  In  this  case  closeness  of  relationship  to  the  last  reign- 
ing Prince  decides,   or,  if  the  degrees  of  relationship   are  alike, 


CONSTITUTION    OF    WALDECK.  431 

seniority  in  years.  After  the  succession  has  thus  passed,  the  prefer- 
ence of  the  male  line  in  order  of  primogeniture  again  prevails.^ 

In  regard  to  the  Principality  of  Pyrmont,  the  rules  of  the  existing 
treaties  shall  be  followed. 

Sec.  16.  The  Prince  becomes  of  age  and  capable  of  governing  upon 
the  attainment  of  his  twenty-first  year  of  age. 

Sec.  17.  Immediately  upon  assuming  the  reins  of  Government,  the 
Prince  issues  a  patent  in  which  he  pledges  himself  under  oath  to 
guard  the  Constitution  firmly  and  inviolably  and  to  govern  in  ac- 
cordance therewith  and  with  the  laws. 

The  original  copy  of  this  patent  shall  be  filed  in  the  archives  of 
the  Diet. 

Sec.  18.  Within  six  weeks  after  assuming  control  of  the  Govern- 
ment, the  Prince  assembles  the  Diet,  which  swears  allegiance  to  him, 
the  oath  of  allegiance  running  thus: 

We  swear  that  we  will  show  loyalty  and  obedience  to  Prince  .  .  .  and 
that  we  will  conscientiously  observe  the  Constitution. 

Sec.  19.  If  the  Prince  is  a  minor,  or  otherwise  hindered  for  a  last- 
ing period  from  conducting  the  Government,  there  shall  be  instituted 
a  regency,  which  may  be  exercised  by  only  one  person. 

Sec.  20.  If  no  arrangement  is  made  regarding  the  regency  either 
by  the  Prince  himself  or,  in  case  he  is  a  minor,  by  the  predecessor 
exercising  the  governmental  power,  or  by  the  family  laws,  the  regency 
shall  devolve  upon  the  wife,  then  the  mother,  and  for  want  of  such 
the  paternal  grandmother  of  the  Prince,  and  after  that  upon  the 
adult  member  of  the  Princely  House  who  comes  next  in  the  line  of 
succession  to  the  Government  (sec.  15). 

Sec.  21.  Immediately  upon  assuming  the  regency  the  regent  issues 
a  patent  in  which  he  promises  under  oath  to  uphold  the  (Constitution 
firmly  and  inviolably  and  to  govern  in  accordance  therewith  and  with 
the  laws. 

The  original  copy  of  the  patent  is  filed  in  the  archives  of  the  Diet. 

Sec.  22.  Within  the  next  six  weeks  the  regent  assembles  the  Diet, 
which,  except  in  case  the  Prince  is  a  minor,  resolves  with  respect  to 
the  necessity  of  the  regency. 

Sec.  23.  The  regency  terminates  as  soon  as  the  necessity  for  it 
ceases,  and  the  Prince  proclaims  his  own  assumption  of  the  Govern- 
ment to  the  country  by  means  of  a  patent  (sec.  IT). 

Sec.  24.  The  regent  exercises,  in  the  name  of  the  Prince,  the  full 
governmental  power  as  belonging  to  the  Prince  himself  under  the 
Constitution. 

Sec.  25.  The  regent,  unless  it  is  the  mother  or  the  paternal  grand- 
mother who  is  acting  as  such,  is  not  allowed  to  assume  the  guardian- 
ship over  the  minor  Prince. 

1  See  the  princely  family  law  of  April  22,  1857. 


432  CONSTITUTIONS   OF   THE   GERMAN    STATES. 

In  other  respects  the  instructions  left  by  the  last  reigning  Prince, 
or  the  provisions  of  the  family  law,  shall  govern  in  regard  to  the 
guardianship  and  the  education  of  the  minor  Prince.  In  the  absence 
of  such  special  instructions,  the  guardian  must  attend  to  the  edu- 
cation. 

Sec.  26.^  The  agreement  regarding  the  domanial  property  ap- 
pended to  section  94  of  the  Constitution  of  May  23,  1849,  shall  be 
considered  as  being  repealed  in  all  its  parts  from  the  beginning  in 
this  way,  that  no  new  or  increased  rights  may  be  derived  therefrom 
from  any  side,  without  prejudice,  however,  to  the  mutual  rights  and 
duties  for  the  period  during  which  the  actual  conditions  introduced 
bj^  the  said  agreement  have  existed. 

Except  in  so  far  as  the  rules  established  in  the  appendix  for  the 
reserved  final  regulation  of  the  matter  embody  special  provisions 
on  the  subject,  the  legal  questions  connected  with  the  domanial 
property  shall  be  treated  according  to  the  status  thereof  prior  to 
the  conclusion  of  the  agreement  of  1849.  The  final  agreement  neces- 
sary in  accordance  with  this  shall  be  reached  with  the  Estates  with- 
out delay. 

Sec.  27.  The  remaining  affairs  relating  to  the  Princely  House  shall 
be  regulated  by  the  family  laws. 

They  shall  be  laid  before  the  Estates  for  their  information,  and,  as 
far  as  is  necessary  according  to  this  Constitution,  for  their  sanction. 

Title  III. — Citizens  of  the  State. 

Sec.  28.  The  rights  and  duties  of  the  citizens  of  the  State  are  regu- 
lated by  the  Constitution  and  the  existing  laws. 

Sec.  29.  Personal  liberty  is  guaranteed. 

Only  in  the  cases  and  in  the  forms  determined  by  law  may  arrests 
or  other  restrictions  of  personal  liberty,  domiciliary  searches,  and  the 
seizure  of  letters  or  papers  and  violations  of  the  secrecy  of  letters  take 
place  and  the  right  of  citizens  to  assemble  and  form  associations  for 
permissible  purposes  be  restricted. 

Sec.  30.  Every  person  has  a  right  freely  to  express  his  opinions  by 
word,  in  writing,  in  print,  or  pictorially. 

The  press  shall  not  be  placed  under  censorship. 

The  law  shall  prescribe  the  necessary  measures  against  the  abuse 
of  these  rights. 

Sec.  31.  All  citizens  of  the  State,  with  the  exception  of  members 
of  the  Princely  House  and  its  comital  line,  are  liable  to  military  duty. 

The  extent  and  character  of  this  liability  shall  be  determined  by 
law. 

1  To  this  section  are  added  "  Further  provisions,"  bearing  the  same  date  as  the  Con- 
stitution. 


CONSTITUTION    OF   WALDECK.  438 

Sfx.  32.  The  freedom  to  emigrate  can  be  restricted  by  the  State 
only  with  respect  to  military  liability  by  way  of  legislation. 

Emigrant  taxes  shall  not  be  levied. 

Sec.  33.  All  citizens  of  the  State  shall  be  entitled,  provided  they 
observe  the  established  order  of  procedure,  to  address  petitions  and 
complaints  in  writing  to,  the  authorities  and  to  the  representatives  of 
the  country. 

Sec.  34.  Property  is  inviolable. 

Expropriation  thereof  may  only  take  place  in  accordance  with  the 
law  and  in  consideration  of  an  indemnity. 

Sec.  35.  All  personal  contributions  and  burdens  arising  from  the 
seigniorial  and  protectorial  bond  (by  personal  being  meant  those  not 
attaching  to  the  soil) ,  as  well  as  all  compensatory  performances  and 
burdens  which  devolved  upon  the  beneficiaries,  are  abolished  without 
indemnification. 

Sec.  36.  All  taxes  and  duties  of  performance  resting  as  a  lien  upon 
the  soil  are  subject  to  redemption,  and  no  such  burdens  shall  again 
be  imposed  unredeemably. 

This  provision,  however,  shall  not  apply  to  the  assessment  of 
ordinary  taxes  against  real  estate. 

Sec.  37.  The  right  to  hunt  on  the  land  of  another  is  abolished  as  a 
fundamental  privilege  and  shall  not  be  reintroduced  as  such. 

Further  provisions  regarding  the  exercise  of  the  right  to  hunt  shall 
be  embodied  in  the  law. 

Sec.  38.  The  feudal  bond  is  redeemable  according  to  the  provisions 
of  the  law. 

Sec.  39.  The  Christian  religion  shall  constitute  the  basis  of  those 
governmental  institutions  which  are  connected  with  the  exercise  of 
religious  worship,  without  prejudice  to  the  religious  freedom  guaran- 
teed in  section  40. 

Sec.  40.  All  citizens  of  the  State  have  full  freedom  of  belief  and 
conscience  and  are  unrestricted  in  the  domestic  practice  of  their 
religion. 

They  are  entitled  to  unite  in  religious  organizations  which  have 
the  right  to  practice  religious  worship  in  common,  though  without  a 
public  character,  provided  they  do  not  possess  corporative  rights 
(sec.  41). 

Crimes  and  misdemeanors  which  are  committed  during  the  exercise 
of  this  freedom  shall  be  punished  by  the  law^s. 

The  enjoyment  of  civic  and  citizenship  rights  is  neither  contingent 
upon  nor  restricted  by  religious  confession.  However,  religion  shall 
not  detract  in  any  way  from  the  duties  of  citizenship. 

The  law  shall  provide  to  what  extent  civil  marriages  may  be  per- 
formed when  the  parties  profess  different  religions. 
92975—19 28 


434  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

Sec.  41.  Religious  organizations  which  do  not  yet  possess  cor- 
porative rights  or  which  are  newly  formed  may  secure  these  rights 
only  through  special  laws. 

Sec.  42.  The  EA-angelical  and  the  Roman  Catholic  Church,  as  well 
as  every  other  religious  organization,  shall  retain  the  possession  and 
enjoyment  of  the  institutions,  endowments,  and  property  intended 
for  their  religious,  educational,  and  charitable  purposes  and  shall 
arrange  and  administer  their  affairs  independently,  though  they  shall 
be  subject  to  the  general  laws  of  the  land. 

Sec.  43.  The  property  of  religious  organizations  and  of  charitable 
and  educational  institutions  shall  not  be  incorporated  with  the  Gov- 
ernment domain,  nor  shall  it  be  diverted,  generally  speaking,  from  its 
general  predetermined  purposes,  as  long  as  the  latter  are  at  all  attain- 
able. 

If  this  is  not  the  case,  the  property  must  be' devoted  to  cognate  or 
analogous  purposes.  However,  in  this  case  the  consent  shall  be 
required  of  the  persons  who  have  the  right  of  disposition  according  to 
the  rules  of  private  law,  and,  if  it  is  a  question  of  national  institu- 
tions, the  consent  of  the  E3tates  shall  be  necessary. 

Sec.  44.  All  matters  relating  to  instruction  and  education  are  under 
the  supreme  supervision  of  the  State  and  shall  be  regulated  by 
special  laws,  which  shall  at  the  same  time  determine  the  position 
of  the  church  toward  the  school  and  the  participation  of  the  com- 
munes in  the  appointment  of  public  school  teachers. 

Title  IV. — C ommunes  and  C ounties  (Kreise). 

Sec.  45.  Town  and  county  communes  have  the  right  of  free,  au- 
tonomous administration  of  their  affairs,  especially  with  regard  to 
the  election  of  their  representatives  and  officials,  with  the  exception 
of  the  chief  magistrate  of  the  country,  who  is  to  be  appointed  by  the 
Prince,  and  also  the  administration  of  their  property  under  the  legally 
regulated  supervision  of  the  State. 

Further  details  in  this  connection  as  well  as  concerning  the  adminis- 
tration of  the  local  police,  shall  be  provided  by  law. 

Title  Y.—The  Diet. 

Sec.  46.  A  joint  Diet  for  the  Principalities  of  Waldeck  and  Pyr- 
mont  exists  for  the  maintenance  of  the  rights  guaranteed  by  the  Con- 
stitution, particularly  of  the  right  to  cooperate  in  legislation  (sec.  6) 
and  of  the  right  to  levy  taxes  (sec.  85  et  seq.),  it  serving  as  a  legal 
representation  of  the  whole  body  of  citizens  and  of  the  whole  country. 

Sec.  47.^  It  meets  in  the  Principality  of  Waldeck. 

Sec.^48. 

» Sections  47  (pars.  2  and  8),  48,  84,  and  103  were  repealed  by  law  of  January  30,  1864. 


coNSTiruTioisr  of  waldeck.  435 

Sec.  49.  The  Diet  consists  of  12  deputies  from  the  Principality  of 
Waldeck  and  3  deputies  from  the  Principality  of  Pyrmont,  who,  ac- 
cording to  the  provisions  of  the  electoral  law,  are  elected  by  the  local 
communes  arranged  in  electoral  precincts. 

Sec.  50.  Persons  who  hold  a  public  office  do  not  require  leave  from 
their  official  superiors  in  order  to  become  a  member  of  the  Diet. 

Sec.  51.  If  a  deputy  enters  the  Government  service  or  the  court 
service,  or  accepts  a  preferment  therein,  his  mandate  expires;  never- 
theless he  retains  his  seat  in  the  Assembly  until  the  arrival  of  the 
newly  elected  deputy.    His  reelection  is  not  precluded. 

Sec.  52.  The  Prince  convokes  and  closes  the  Diet. 

He  has  the  right  to  dissolve  the  Estates.  In  this  case  new  elec- 
tions must  be  ordered  and  the  new  Estates  be  convened  within  a 
period  of  three  months  after  the  dissolution. 

Sec.  53.  Before  the  close  or  immediately  after  the  dissolution  of 
each  Diet,  the  Prince  announces  to  the  Diet,  in  a  prorogation  to  be 
inserted  in  the  Collection  of  Laws,  his  declaration  regarding  pro- 
posed measures  not  yet  acted  upon. 

Sec.  54.  The  Prince  may  adjourn  the  Estates.  However,  the  ad- 
journment shall  not,  without  their  consent,  exceed  a  period  of  two 
months  or  be  repeated  during  the  same  Diet. 

The  Diet  may  also  adjourn  itself  for  four  weeks. 

Sec.  55.  The  Diet  shall  be  assembled  regularly  during  the  month 
of  October  of  each  year,  and  also  at  other  times  whenever  circum- 
stances require. 

Sec.  56.  The  opening  and  closing  of  the  Diet  are  done  by  the 
Prince  in  person,  or  by  a  member  of  the  Government  commissioned 
by  him. 

Sec.  57.  The  presence  of  at  least  two-thirds  of  all  the  deputies 
shall  be  necessary  in  order  to  open  the  Diet  and  to  constitute  a  quorum. 

Sec.  58.  The  Diet  shall  examine  the  credentials  of  its  members  and 
decide  as  to  the  admission  of  the  latter. 

Sec.  59.  Upon  entering,  every  deputy  takes  an  oath  that  he  will  be 
loyal  to  the  Prince  and  that  he  will  conscientiously  observe  and  up- 
hold the  Constitution. 

This  oath  shall  be  administered  to  the  president  of  the  Diet  by 
the  Prince  or  by  the  member  of  the  Ministry  of  State  commissioned 
by  him  for  the  purpose,  and  to  the  other  deputies  by  the  president  in 
the  Assembly. 

Sec.  60.  The  assembled  Estates  have  the  right  to  adopt  their  own 
standing  orders,  but  those  points  which  concern  the  business  relations 
with  the  Government  are  arranged  by  agreement. 

They  choose  their'  president  and  vice-president,  as  well  as  their 
secretaries,  which  latter  do  not  need  to  be  deputies,  and,  in  ca^e  they 
are  not,  they  shall  receive  an  adequate  compensation. 


436  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

Sec.  61.  The  sessions  are  public.  The  standing  orders  determine 
under  what  conditions  executive  sessions  may  be  held. 

Sec.  62.  The  deputies  vote  according  to  their  free  convictions,  and 
are  not  bound  to  obey  orders  or  instructions. 

Resolutions  are  adopted  by  an  absolute  majority  (sec.  57)  of  the 
members  present.  In  case  of  a  tie  in  the  vote,  the  motion  is  con- 
sidered lost. 

Sec.  63.  The  members  of  the  Government  and  the  officials  delegated 
to  represent  them  have  free  access  to  the  sessions  of  the  Diet  and  of 
the  committees,  and  they  must  at  all  times  be  heard  upon  request. 

Sec.  64.  The  Diet  may  require  that  the  Government  be  represented 
at  its  sessions  as  well  as  those  of  the  committees. 

It  is  entitled  to  demand  information  regarding  all  affairs  of  the 
country,  and  to  appoint  committees  to  clear  up  facts  and  prepare 
the  subjects  of  its  debates,  which  committees  may  summon  experts  to 
their  meetings. 

It  stands  in  direct  business  relations,  however,  only  with  the  Gov- 
ernment and,  in  the  case  of  section  66,  wdth  the  court  called  upon  to 
decide  the  matter. 

Sec.  65.  The  Diet  is  entitled  to  recommend  the  introduction  of 
legislative  measures  and  to  address  communications,  complaints,  and 
petitions  to  the  Prince  in  any  national  matters. 

Sec.  66.  It  has  a  right  to  impeach  the  responsible  members  of  the 
Government  for  violation  of  the  Constitution  in  accordance  with  the 
provisions  of  the  law.  The  continuation  of  such  an  impeachment 
shall  not  be  hindered  by  the  dissolution  of  the  Diet  or  any  other 
change  in  the  Estates. 

Sec.  67.  The  Diet  shall  receive  petitions  and  bring  them  up  for 
discussion.  Petitions  must  not  be  delivered  personally  to  the  Diet, 
nor  shall  deputations  in  general  be  admitted. 

Sec.  68.  No  deputy  shall  at  any  time  be  judicially  prosecuted  or 
disciplined  or  otherwise  held  to  account  outside  the  Assembly  for  his 
votes  in  the  Assembly  or  on  account  of  statements  made  during  the 
digcharge  of  his  official  duties,  except  in  the  case  of  acts  of  lese- 
majesty  or  defamatory  utterances  against  the  Federal  Diet  or  against 
private  individuals. 

Sec.  69.  If  a  deputy  is  prevented  for  a  length  of  time  from  per- 
forming his  duties  or  persistently  shirks  them  otherwise,  or  becomes 
guilty  of  misconduct,  the  Diet  may  resolve  to  expel  him  entirely  for 
the  remainder  of  the  term  of  election. 

However,  such  a  resolution  requires  a  majority  of  three-fourths  of 
the  votes  of  all  the  members  of  the  Diet. 

Sec.  70.  The  deputies  shall  receive  per  diem  allowances  from  the 
public  treasury,  not  being  permitted  to  refuse  them. 


CONSTITUTION   OF    WALDECK.  437 

Title  VI. — The  Gov  eminent  {State)  Service.'^ 

Sec.  71.  All  Government  officials  as  such  are  pledged  to  show  spe- 
cial loyalty  to  the  Prince  and  are  responsible  to  him  for  the  fulfil- 
ment of  their  official  duties. 

Sec.  72.  The  law  designates  the  authority  who  under  the  Prince 
is  to  assume  the  direction  of  governmental  affairs  and  who  at  the 
same  time  bears  the  special  responsibility  toward  the  Diet  for  the 
exact  observance  of  the  Constitution. 

Sec.  73.  All  other  Government  employees  must  also  conscientiously 
observe  the  Constitution  and  expressly  promise  to  uphold  it  in  their 
oath  of  office. 

This  shall  not  operate  in  any  wise  detrimentally  to  the  principles 
set  forth  in  section  94,  nor  to  the  lawful  obedience  due  to  official 
superiors. 

Title  VII. — The  Judiciary  and  the  Administration  of  Justice. 

Sec.  74.  The  judicial  power  is  exercised  in  the  name  of  the  Prince 
by  independent  courts,  which  are  not  subject  to  any  other  authority 
than  the  constitutional  laws,  without  prejudice  to  the  lawful  subordi- 
nation which  the}?-  owe  to  their  official  superiors. 

Patrimonial  courts  shall  not  exist. 

Sec.  75.  No  one  shall  be  deprived  of  his  lawful  judge. 

Exceptional  courts  are  impermissible. 

Sec.  76.  No  privileged  status  before  the  courts  shall  exist  with 
respect  to  persons  or  things. 

Exceptions  with  regard  to  the  Princely  House  and  its  comital  line, 
as  well  as  in  regard  to  military  jurisdiction,  are  reserved  for  special 
legislation. 

Sec.  77.  No  judge  shall,  otherwise  than  by  judgment  and  due 
course  of  law,  be  removed  from  his  office  or  impaired  in  rank  or 
salary. 

The  law  shall  provide  more  minutely  with  regard  to  suspensions 
from  office,  transfers  to  other  posts,  or  retirements. 

Sec.  78.  Judicial  proceedings  shall  be  public  and  oral. 

Exceptions  from  publicity  shall  be  determined  by  law. 

Sec.  79.  Proceedings  in  criminal  actions  shall  be  instituted  by 
complaint. 

Grave  criminal  cases  shall  be  tried  by  juries,  further  details  being 
provided  in  the  law. 

Sec.  80.  Judicial  and  administrative  functions  are  separate  and 
independent  of  each  other. 

The  jurisdiction  of  the  courts  and  of  the  administrative  authorities 
is  determined  by  law. 


1  See  note  to  Title  II. 


438  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Disputes  as  to  jurisdiction  shall  be  decided  by  an  authority  to  be 
designated  by  the  law. 

Sec.  81.  The  exercise  of  judicial  functions  by  the  administrative 
authorities  shall  not  be  permissible. 

The  police  authorities  shall  not  have  any  criminal  jurisdiction. 

Sec.  82.  Moratoriums  in  certain  cases  shall  be  granted  only  with 
the  consent  of  the  Diet. 

Title  VIII. — The  Financial  Administration. 

Sec.  83.^  In  assessing  taxes  no  preference  shall  be  shown  to  any 
particular  classes  or  property  in  the  State  or  the  commune. 

The  domanial  and  entail  property  of  the  Princely  House  and  its 
comital  line  shall  not  be  subject  to  taxation,  as  far  as  it  enjoyed 
exemption  from  taxation  up  to  the  year  1849. 

Furthermore,  the  members  of  the  Princely  House,  including  the 
comital  line,  shall  remain  free  from  all  personal  taxes. 

All  rules  regarding  the  taxation  of  church  and  school  property, 
glebe  lands,  and  sextons'  property  are  reserved  for  legislation. 

Sec.  84.  [The  law  of  January  30, 1864,  section  1,  reads:  "  On  Janu- 
ary 1,  1864,  the  union  of  the  financial  administrations  of  the  two 
Principalities  provided  for  in  section  84  of  the  Constitution  of  August 
17, 1852,  shall  take  place."    Cf.  also  note  to  section  47.] 

Sec.  85.  The  consent  of  the  Diet  shall  be  required  for  the  intro- 
duction of  new  taxes  as  well  as  for  the  change  or  continuance  of  exist- 
ing ones.  However,  the  amount  of  taxes  authorized  shall  be  collected 
according  to  the  existing  tax  laws.  Furthermore,  the  funds  neces- 
sary to  operate  the  Government  in  a  way  corresponding  to  the  de- 
mands of  the  Federal  obligations  and  of  the  Constitution  must  not 
be  refused. 

Sec.  86.  A  three-year  financial  period  is  adopted,  before  the  begin- 
ning of  which  the  Government  budget  shall  be  drafted,  presented  to 
the  Estates  with  the  requisite  elucidations  and  corroborative  docu- 
ments, and  fixed  in  whole  or  in  part  jointly  with  them  by  means  of 
a  law. 

If,  after  the  expiration  of  an  appropriation  period,  delay  occurs 
for  any  reason  in  bringing  the  new  financial  law  to  a  conclusion,  the 
taxes  authorized  for  the  ordinary  expenses  of  the  State  may  continue 
to  be  collected  for  six  months  longer.  These  six  months  shall  be 
reckoned  in  the  new  financial  period. 

Sec.  87.  Every  appropriation  shall  be  applicable  only  to  the  pur- 
pose for  which  it  is  intended.  The  expenditure  must  be  made  only 
within  the  limits  of  the  authorization. 

*  Cf.  in  this  connection  the  authentic  interpretation  of  par.  2  in  sec.  83  of  the  Con- 
stitution of  May  11,  1854  :  "  The  domanial  and  entail  property  of  the  Princely  House  and 
It8  comital  line  shall  not  be  subject  to  taxation  as  far  as  it  enjoyed  freedom  from  taxes 
up  to  1849." 


CONSTITUTION    OF   WALDECK.  439 

The  appropriations  must  not  be  made  contingent  upon  conditions 
which  have  no  immediate  connection  with  the  character  of  the  pro- 
posed expenditures  or  with  the  employment  of  the  appropriated 
funds. 

Sec.  88.  The  debts  of  the  country  are  guaranteed,  and  the  rights 
of  all  creditors  of  the  State  are  placed  under  the  special  protection  of 
the  Constitution. 

Without  the  consent  of  the  Diet,  no  national  debts  shall  be  con- 
tracted, whether  through  loans,  the  introduction  of  treasury  certifi- 
cates, or  otherwise. 

Advances  made  to  extinguish  the  national  debts  shall  not  be  con- 
sidered as  new  debts. 

The  consent  of  the  Diet  is  likewise  not  required  for  the  issue  of 
new  certificates  of  indebtedness  in  the  place  of  old  bonds,  though 
the  certificates  of  the  national  savings  bank  are  not  to  be  counted 
under  this  head,  and  it  is  not  required  with  regard  to  moneys  flowing 
into  the  national  treasury  from  trust  and  bankruptcy  funds,  fire 
insurance  funds,  the  fund  for  widows  of  Government  employees,  and 
the  national  savings  bank. 

Sec.  89.  If,  owing  to  suddenly  occurring  events  in  war  time, 
extraordinary  expenditures  and  consequent  loans  become  necessary, 
but  a  hasty  convocation  of  the  Diet  to  appropriate  the  funds  is 
impossible,  the  requisite  measures  may  be  taken  under  the  responsi- 
bility of  the  central  Government.  These  measures  must  be  sub- 
mitted to  the  following  Diet  for  examination  and  approval. 

Sec.  90.  For  the  purpose  of  meeting  transient  needs,  for  which  the 
funds  appropriated  are  sufficient  but  are  not  momentarily  available, 
the  necessary  money  may  be  raised  provisionally  and  pending  the 
removal  of  the  obstacles. 

Sec.  91.  On  the  basis  of  the  Government  budget  an  annual  account 
shall  be  rendered,  and  this  account,  after  being  audited  and  approved, 
shall  be  laid  before  the  Diet  in  order  that  it  may  exercise  its  constitu- 
tional rights. 

The  results  of  the  account  shall  be  made  publicly  known. 

Title  IX. — The  Military  Establishment.^ 

Sec.  92.  The  armed  forces  are  established  in  accordance  with  the 
laws  of  the  German  Confederation. 

Sec.  93.  For  the  sake  of  preserving  internal  peace  and  security,  as 
well  as  for  the  enforcement  of  measures  taken  by  the  civil  authorities, 
the  armed  forces  shall  be  entitled  to  interfere,  but  only  in  the  cases 
specified  by  law  and  at  the  express  demand  of  the  proper  civil  au- 
thorities. 

Exceptions  in  this  latter  regard  shall  be  stipulated  by  law. 

^  Cf  in  this  connection  the  Military  Convention  between  Prussia  and  Waldeck  on 
November  24,  1877. 


440  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Title  X. — General  provisions. 

Sec.  94.  Laws  and  decrees  are  binding  as  soon  as  the  sanction  of 
the  Estates,  if  required  by  this  Constitution,  is  granted  and  they 
have  been  made  known  in  the  form  prescribed  by  law. 

The  test  as  to  the  legal  validity  of  duly  promulgated  laws  and  de- 
crees belongs  to  the  Diet. 

Sec.  95.  A  resolution  of  the  Estates  in  regard  to  the  amendment, 
elucidation,  or  amplification  of  the  Constitution  requires,  in  order  to 
be  valid,  to  be  discussed  at  two  meetings,  between  which  at  least  three 
days  intervene,  and  to  be  adopted  each  time  by  a  majority  of  two- 
thirds  of  the  constitutional  number  (sec.  49)  of  the  Estates. 

Sec.  96.  Only  in  case  of  war  or  insurrection  may  an  exceptional  con- 
dition be  introduced,  according  to  the  provisions  of  the  law. 

Sec.  97.  If  general  Federal  laws  and  resolutions  necessitate  modi- 
fications of  this  Constitution,  they  shall  be  adopted  in  the  constitu- 
tional manner. 

Sec.  98.  If  certain  laws  or  provisions  of  law  are  contradictory  to 
this  Constitution  and  the  contrary  is  not  expressly  stipulated,  they  are 
repealed. 

Title  XI. — Transient  provisions. 

Sec.  99.  The  general  penal  legislation  shall  be  subjected  to  a  revi- 
sion at  an  early  date.  In  this  revision  the  penalties  of  civil  death, 
pillory,  branding,  corporal  punishment,  and  confiscation  of  property, 
as  well  as  apology  and  compulsory  reparation,  shall  not  be  reintro- 
duced. 

Until  then  the  provisions  of  section  8  of  the  Constitution  of  May  23, 
1849,  shall  remain  in  force  as  a  special  law. 

Sec.  100.  The  drafts  for  the  laws  necessary  according  to  section 
29  shall,  if  possible,  be  submitted  to  the  next,  or  at  all  events  the 
following,  regular  session  of  the  Diet. 

Meanwhile,  in  so  far  as  modern  legislation  is  not  sufficient,  the 
common  law  or  national  statutory  provisions  which  existed  prior 
to  the  adoption  of  the  Constitution  of  May  23,  1849,  shall  be  in 
force. 

Sec.  101.  Pending  the  final  institution  of  the  special  authority 
mentioned  in  section  80  for  the  decision  of  conflicts  of  jurisdiction 
(in  regard  to  which  matter  a  draft  shall  likewise,  if  possible,  be 
laid  before  the  next  regular  Diet,  or  at  any  rate  before  the  one  fol- 
lowing), a  commission  shall  be  appointed  by  provisional  decree, 
consisting  of  an  equal  number  of  justice  and  administrative  officials; 
this  commission  shall,  with  judicial  independence,  base  its  decision 
solely  upon  the  existing  laws. 


CONSTITUTION    OF    WALDECK.  441 

The  president  of  the  Government  and  of  the  Supreme  Court  shall 
be  ex  officio  members  of  this  commission;  the  remaining  memoers 
shall  be  appointed  for  the  period  of  the  provisional  arrangement. 

Sec.  102.  Until  another  appropriate  regulation  of  the  church  and 
school  affairs  has  taken  place,  the}^  shall  be  governed  by  the  existing 
church  constitutions  and  school  laws. 

Sec.  103.  [Sec.  103  repealed;  cf.  note  to  sec.  47.] 

The  Constitution  of  May  23,  1849,  is  hereby  put  out  of  torce. 

Given  at  Arolsen,  August  17,  1852. 
GEORG  VICTOR. 

WiNTERBERG.  L.     KlAPP.  C.     BaUER. 


PROCLAMATION  EEGARDING  THE  TREATY  CONCLUDED  ON 
MARCH  2,  1887,  BETWEEN  PRUSSIA  AND  WALDECK-PYRMONT 
FOR  THE  CONTINUED  ADMINISTRATION  OF  THE  PRINCIPALI- 
TIES OF.  WALDECK  AND  PYRMONT  BY  PRUSSIA. 

The  following  treaty  of  March  2  of  this  year,  ratified  by  His  Maj- 
esty the  King  of  Prus;sia,  and  His  Serene  Highness  the  Prince  of 
Waldeck  and  Pyrmont,  and  relating  to  the  continued  administration 
of  the  Principalities  of  Waldeck  and  Pyrmont  by  Prussia,  having 
received  the  sanction  of  the  national  representatives  of  both  parties 
as  provided  in  article  11,  is  hereby  published  together  with  the  final 
protocol  of  the  same  date. 

Arolsen,  June  11,  1887. 

VON  Saldern, 

Governmental  Director. 

His  Majesty  the  German  Emperor,  King  of  Prussia,  and  His  Se- 
rene Highness  the  Prince  of  Waldeck  and  Pyrmpnt,  being  prompted 
by  the  desire  to  procure  for  the  Principalities  of  Waldeck  and  Pyr- 
mont, in  future  as  hitherto,  an  alleviation  of  the  burdens  imposed 
upon  them  by  their  membership  in  the  German  Empire,  have  re- 
solved to  conclude  for  this  purpose  a  new  treaty  in  lieu  of  the  treaty 
of  November  24,  1877,  which  expires  December  31,  1887,  and  accord- 
ingly have  empowered : 

His  Majesty  the  German  Emperor,  King  of  Prussia,  Privy  Finan- 
cial Counselor  Paul  Lehnert,  and  Counselor  of  Legation  Walter 
Baron  von  Wangenheim;  His  Serene  Highness  the  Prince  of  Wal- 
deck and  Pyrmont,  Johannes  von  Saldern,  Governmental  Director  of 
the  Principalities,  and  Cabinet  Counselor  Ferdinand  Baron  von 
Wintzingerode,  who,  after  exchanging  their  full  powers,  which  were 
found  to  be  in  due  and  proper  form,  have  agreed  upon  the  following 
articles : 

Article  1.  Prussia  shall  continue  to  conduct  the  internal  adminis- 
tration of  the  principalities  of  Waldeck  and  Pyrmont  as  undertaken 
by  her. 

The  administration  which  belongs  to  the  Princely  Consistory  in 
its  capacity  as  supreme  ecclesiastical  authority  is  excepted  and  there- 
fore reserved  to  His  Serene  Highness  the  Prince. 

Art.  2.  The  administration  shall  be  conducted  in  the  name  of  His 
Serene  Highness  the  Prince  in  conformity  with  the  Constitution  and 
the  laws  of  the  Principalities. 

Art.  3.  Prussia  shall  receive  all  the  national  revenues  of  the  Prin- 
cipalities and  pay  all  the  national  expenses  with  the  exception  of 
442 


CONSTITUTION    OF    WALDECK.  443 

those  for  the  Consistory  in  its  capacity  as  supreme  ecclesiastical 
authority.  These  latter  expenses  shall  be  defrayed  for  the  duration 
of  the  treaty  by  His  Serene  Highness  the  Prince. 

Art.  4.  His  Majesty  the  King:  of  Prussia  shall  exercise  the  full 
governmental  authority  with  respect  to  the  internal  administration 
of  the  Principalities,  as  this  authority  belongs  to  His  Serene  High- 
ness the  Prince  according  to  the  Constitution.  However,  the  latter 
shall  preserve  the  right  of  pardon  within  the  limits  prescribed  by 
the  Constitution  and  the  law^s.  as  well  as  the  right  of  sanction  of 
constitutional  amendments  and  laws,  in  so  far  as  they  do  not  affect 
the  organization  of  the  judiciary  and  the  administrative  authorities 
(article  6). 

Art.  5.  At  the  head  of  the  administration  of  the  Principalities 
shall  stand  a  Governmental  Director  to  be  appointed  by  His  Majesty 
the  King,  and  who  shall  assume  the  responsibility  constitutionally 
devolving  upon  the  Government  of  the  land. 

Art.  6.  Prussia  shall  be  entitled  to  reorganize  the  judicial  and 
administrative  authorities  at  her  own  discretion.  The  powers  of  the 
authorities  of  high  rank  may  be  transferred  to  Prussian  authorities. 

Art.  T.  All  the  Government  officials  shall  be  appointed  by  Prus- 
sia and  take  their  oath  of  office  before  His  Majesty  the  King.  All 
of  them,  incluring  the  Governmental  Director,  must  conscientiously 
observe  the  Constitution  of  the  Principalities  and  expressly  pledge 
themselves  to  live  up  to  it  strictly. 

The  oath  of  office  of  the  Governmental  Director  shall  embody  a 
pledge  of  loyalty  and  obedience  to  His  Serene  Highness  the  Prince 
with  respect  to  the  rights  reserved  to  the  latter  in  articles  4  and  8  of 
this  treaty. 

The  taking  over  of  a  Waldeck  official  into  the  Prussian  Govern- 
ment service  or  of  a  Prussian  official  into  the  Waldeck  Government 
service  shall  be  considered  as  a  transfer  within  the  State  into  whose 
service  the  official  is  taken  over. 

In  determining  seniority  in  service  and  in  calculating  length  of 
service  of  officials,  the  claims  which  they  have  already  acquired  in 
this  regard  in  the  other  State  shall  be  taken  fully  into  account. 

Art.  8.  His  Serene  Highness  the  Prince  shall  exercise  the  right 
which  he  retains  of  representing  the  State  in  foreign  affairs,  doing 
so  through  the  Governmental  Director  and  under  the  responsibility 
of  the  latter. 

The  expenses  incurred  shall,  as  hitherto,  be  defrayed  from  the  na- 
tional treasury. 

Art.  9.  The  administration  of  the  domanial  property  designated 
in  the  recess  of  July  16,  1853,  etc.,  belongs  to  His  Serene  Highness 
the  Prince.  The  governmental  offices  shall  not  be  utilized  for  this  ad- 
ministration. 


444  CONSTirUTIGNS   OF   THE   GERMAN   STATES. 

The  revenues  from  domanial  property  shall  go  to  His  Serene  High- 
ness the  Prince. 

The  royal  domain  shall  not  contribute  pecuniarily  to  the  expenses 
of  the  country ;  neither  shall  any  advance  be  made  from  the  national 
funds  toward  the  maintenance  of  His  Serene  Highness  the  Prince  or 
the  Princely  House,  or  for  repairs  or  reconstruction  of  princely 
castles,  or  for  the  Consistory,  as  the  supreme  ecclesiastical  authority. 

The  rights  belonging  to  the  Estates  of  the  Principalities  with  re- 
spect to  the  domanial  property  according  to  the  recess  shall  not  be 
affected  by  the  present  agreement. 

His  Serene  Highness  the  Prince  waives  the  right  to  any  advances 
which  he  would  be  entitled  to  demand  from  the  national  funds  for 
himself  and  his  household  or  for  building  castles,  etc.,  during  the 
period  from  January  1,  1878,  to  December  31,  1887,  according  to  the 
treaty  of  November  24,  1877.  On  the  other  hand  renunciation  is 
made  of  all  pecuniary  contributions  which  might  be  claimed  for  na- 
tional expenses  on  the  basis  of  the  above-mentioned  treaty  for  the  said 
period  from  the  domanial  revenues.  Accordingly  there  remain  no 
claims  from  the  aforementioned  period  which  may  still  be  asserted 
by  one  party  against  the  other  on  the  basis  of  the  treaty  of  November 
24,  1877. 

Art.  10.  The  present  agreement  shall  take  effect  from  January 
1,  1888,  and  shall  remain  in  force  until  terminated  by  His  Majesty 
the  Emperor  and  King  or  His  Serene  Highness  the  Prince.  The 
notice  of  termination  must  be  given  at  least  two  years  before  the 
intended  abrogation  of  the  treaty,  w^liich  shall  in  no  event  take  place 
before  January  1,  1898. 

Art.  11.  The  present  agrement  shall  be  ratified  and  the  ratifica- 
tions exchanged  as  soon  as  possible  in  Berlin  after  the  sanction  of 
the  national  representative  bodies  of  both  parties  has  been  given. 

In  witness  whereof  the  plenipotentiaries  have  signed  and  sealed 
this  treat}^ 

Berlin,  March  2,  1887. 

[l.  s.]  (Signed)         Paul  Lehnert. 

[l.  s.]  (Signed)         Walter  Baron  von  Wangenheim.   • 

[l.  s.]  (Signed)         Johannes  von  Saldern. 

[x.  s.]  (Signed)         Ferdinand  Baron  von  Wintzingerode. 


FINAL  PROTOCOL. 

Berlin,  March  2,  1887, 
Upon  signing  the  treaty  regarding  continuation  of  the  administra- 
tion of  the  Principalities  of  Waldeck  and  Pyrmont  by  Prussia,  the 
undersigned  plenipotentiaries  have  embodied  the  following  addi- 
tional remarks,  explanations,  and  stipulations  in  the  present  protocol : 


CONSTITUTION    OF   WALDECK.  445 

1.  All  obligations  lawfully  assumed  by  the  Government  treasury  of 
Waldeck-Pyrmont  shall  be  fulfilled  by  Prussia  during  the  contin- 
uance of  the  treaty. 

2.  His  Serene  Highness  the  Prince  shall  not  use  the  right  of  sanc- 
tion of  the  laws  as  reserved  to  him  in  article  4  of  the  main  treaty  in 
such  a  way  as  to  hinder  the  Prussian  administration. 

The  person  who  is  to  be  appointed  as  Governmental  Director  shall, 
before  appointment,  be  made  known,  to  His  Serene  Highness  the 
Prince.  If  his  appointment  is  objected  to,  two  other  persons  shall 
be  nominated,  between  whom  His  Serene  Highness  the  Prince  shall 
make  a  choice  within  one  month. 

3.  The  Waldeck  Government  employees  may,  if  they  desire,  be 
taken  into  the  Prussian  Government  service  in  accordance  with  the 
regulations  governing  in  Prussia  in  regard  to  the  qualifications  for 
filling  the  offices  concerned. 

It  shall  be  the  duty  of  officials  thus  transferred  to  the  Prussian  serv- 
ice to  maintain  their  status  toward  the  Waldeck  Government  em- 
ployees' widows'  fund  on  the  basis  of  the  salary  at  which  they  are 
transferred. 

The  Waldeck  Government  employees'  widows'  fund  shall  continue 
to  exist  and  shall  continue  to  be  administered  in  accordance  with  the 
existing  regulations. 

Newly  appointed  court  officials,  domanial  employees,  clergymen, 
and  teachers  shall  also  continue  to  be  entitled  to  participate  in  the 
Government  employees'  widows'  fund  according  to  the  existing  regu- 
lations. 

The  payment  of  interest  on  the  capital  invested  in  establishing  the 
fund  shall,  as  far  as  it  is  to  come  from  the  W^l^^^k  State  treasury, 
be  made  during  the  continuance  of  the  treaty  by  Prussia. 

4.  The  Governmental  Director  shall  have  his  official  headquarters 
at  Arolsen.  The  State  high  school  {Gymnasimii)  and  the  technical 
school  connected  therewith  shall  be  kept  up.  Prussia  shall,  as  here- 
tofore, attend  to  the  maintenance  and  promotion  of  the  horse-breed- 
ing service. 

5.  His  Serene  Highness  the  Prince  obligates  himself  to  allow  the 
buildings  and  lands  belonging  to  the  domanial  property  and  now 
used  for  Government  purposes  to  continue  to  be  employed  in  that 
behalf. 

The  obligations  resting  upon  the  domanial  property,  as  mentioned 
in  the  separate  protocol  to  section  10  of  the  recess  of  July  16,  1858, 
under  III  (c),  Avith  respect  to  pike  and  bridge  construction  an'ti 
county  roads,  continue  to  e:jiist. 

The  provisions  of  section  5  of  the  law  of  January  30,  1864,  regard- 
ing the  annual  expenditure  of  12,000  marks  on  the  Pyrmont  healing 
and  bath  institutions,  shall  not  be  affected  by  the  present  agreement. 


446  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

The  power  of  the  domanial  administration  forcibly  to  collect  the 
domanial  revenues  continues  intact. 

The  archives  and  the  Government  library  shall,  as  heretofore,  be 
used  and  administered  in  common  by  the  domanial  and  the  Govern- 
ment administrations. 

6.  The  Government  administration  shall,  as  hitherto,  afford  the 
Princely  Consistory  the  necessary  assistance  in  carrying  out  its  plans. 

7.  All  goods  and  chattels  formerly  belonging  to  Waldeck  and  trans- 
ferred to  Prussia  by  the  agreement  of  July  18,  1867,  shall  remain  tlie 
property  of  Prussia.     No  compensation  shall  be  given  for  their  value. 

8.  In  case  the  present  treaty  should  not  be  renewed  upon  its  expira- 
tion the  following  rules  shall  be  in  force : 

(a)  The  judicial  and  administrative  officials  in  the  Principalities 
shall  be  free  to  decide  whether  they  wish  to  remain  in  the  Govern- 
ment service  of  Waldeck  or  whether,  with  the  consent  of  Prussia,  they 
wish  to  enter  the  Prussian  Government  service. 

Those  officials  who  desire  to  enter  the  Prussian  Government  service 
shall  nevertheless,  if  3uch  be  the  wish  of  His  Serene  Highness  the 
Prince,  be  obliged  to  remain  in  the  Waldeck  Government  service  for 
two  3^ears  in  consideration  of  continuing  to  receive  their  allotted 
salary. 

(h)  The  goods  and  chattels  transferred  to  Prussian  ownership  on 
the  basis  of  No.  8  of  the  j5nal  protocol  of  July  18, 1867,  shall  be  trans- 
ferred so  as  to  become  the  property  of  the  Waldeck  administration, 
being  appraised  according  to  their  value  in  the  same  manner  as  pro- 
vided under  No.  8  of  said  final  protocol.  If  it  is  found  that  the  value 
of  the  goods  and  chattels  exceeds  the  value  of  the  things  ceded  to 
Prussia  according  to  the  former  evaluation  thereof,  which  must  re- 
main the  standard,  the  difference  shall  be  paid  to  Prussia,  and  in  the 
contrary  event  any  diminution  in  value  shall  be  made  good  by  Prussia 
to  Waldeck. 

The  present  protocol,  to  be  laid  before  the  high  contracting  parties, 
shall  be  considered  as  being  jointly  ratified  through  the  ratification  of 
the  main  treaty. 

[l.  s.]     (Signed)  Paul  Lehnert. 

[l.  8.]     (Signed)  Walter  Baron  von  Wangenheim. 

[l.  s.]     (Signed)  Johannes  von  Saldern. 

[l.  8.]     (Signed)  Ferdinand  Baron  yon  Wintzingerode. 


WURTTEMBERG. 

CONSTITUTION  OF  SEPTEMBER  25,  1819.^ 
[Preamble.] 

We,  Wilhelm,  by  the  grace  of  God,  King  of  Wiirttemberg,  do 
announce  in  behalf  of  us  and  our  guccessors  in  the  Government : 

Our  Father's  Majesty  and  Grace,  resting  in  God,  con,sidered  seri- 
ously as  early  as  in  the  year  1815  the  institution  of  a  State  funda- 
mental Constitution  for  the  entire  Kingdom  of  Wiirttemberg,  and 
to  that  end  he  entered  into  negotiations  with  the  princes,  counts, 
noblemen,  clergymen  of  both  main  denominations,  and  delegates 
chosen  from  cities  and  governmental  districts  repre3enting  ranks 
and  classes  in  the  Provincial  Assembly.  These  deliberations  were 
continued  under  our  Government  until  the  year  1817. 

Although  the  desired  object  could  not  be  accomplished  at  that  time, 
we  kept  this  matter  firmly  in  mind  ever  since  and  have  called  a  new 
Provincial  Assembly  of  the  Estates  for  July  13  of  the  present  year 
to  our  residential  seat  at  Ludwigsburg,  in  order  to  perform  our  obli- 
gations a^  member  of  the  German  Confederation,  laid  down  in 
article  13  of  the  Federal  Act,  and  to  comply  with  the  wishes  of  our 
loyal  subjects  in  regard  to  establishing  a  public  order  of  law,  our 
own  convictions  being  in  accord  with  tliis  step. 

After  due  consideration  of  the  draft  for  the  Constitution,  em- 
bodying all  lawful  rights  and  obligations  of  our  old  main  land  and 
the  new  provinces  added  thereto  and  drawn  up  in  accordance  with 
present  conditions,  an  agreement  has  been  reached  in  consequence  of 
the  deliberations  of  the  commissions,  appointed  by  us,  together  with 
the  Privy  Council  and  the  Provincial  Assembly.  The  wishes  of  the 
ranks  and  classes  were  duly  and  carefully  considered  after  being 
placed  before  us ;  our  findings  and  conclusion3  were  assented  to  in  a 
counter-statement  made  by  the  representatives  of  our  faithful  sub- 
jects, and  the  following  articles  were  agreed  upon : 

First  Chapter. — The  Kingdom. 

Article  1.  All  constituent  parts  of  the  Kingdom  remain  united 
as  an  inseparable  entity,  and  all  take  part  jointly  in  the  Consti- 
tution. 

Art.  2.  Should  the  Kingdom  in  the  course  of  time  by  purchase, 
exchange,  or  other  means  acquire  new  territorj^,  this  shall  also  come 
jointly  under  the  Constitution. 

1  Translation  by  George  C.  Zeydel  based  on  the  text  as  found  in  Stoerk-Rauchhaupt, 
pp.  501-531. 

447 


448  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

As  an  addition  to  the  realm  is  considered  every  new  territory  not 
acquired  by  the  King  solely  for  his  own  person,  but  by  the  use  of 
the  State  powers  and  efforts,  or  acquired  under  the  special  condition 
that  it  hereafter  should  form  a  part  of  the  Kingdom. 

Should  the  surrender  of  a  part  of  the  country  by  unavoidable  cir- 
cumstances be  deemed  necessary,  the  residents  therein  should  be 
given  ample  time  to  settle  with  their  belongings  in  another  part  of 
the  Kingdom,  without  being  compelled  to  dispose  of  their  property 
hastily  or  being  subjected  to  pay  a  tax  on  the  property  to  be  trans- 
ferred. 

Art.  3.  The  Kingdom  of  Wiirttemberg  is  a  part  of  the  German 
Confederation;  therefore  all  organic  resolutions  of  the  Federal  As- 
sembly, concerning  the  constitutional  conditions  of  Germany  or  the 
general  conditions  of  German  citizen^  are  legally  binding  for  Wiirt- 
temberg after  they  have  been  announced  by  the  King.  In  view  of 
the  financial  obligations  incurred  thereby,  the  Provincial  Assembly 
has  according  to  the  Constitution  to  pass  upon  such  matters. 

Second  Chapter. — The  King^  the  succession^  and  the  administration 

of  the  realm. 

Art.  4.  The  King  is  the  head  of  the  State,  unites  in  his  hands  all 
the  rights  of  State  power,  and  executes  them  under  the  provisions 
laid  down  in  the  Constitution. 

His  person  is  sacred  and  inviolable. 

Art.  5.  The  King  belongs  to  one  of  the  Christian  confessions. 

Art.  6.  The  seat  of  Government  can  under  no  circumstances  be 
transferred  to  a  place  outside  of  the  Kingdom. 

Art.  7.  The  right  of  succession  belongs  to  the  male  descendency 
of  the  Royal  House,  and  the  same  is  fixed  by  the  lineal  order  under 
the  rules  of  primogeniture.  In  case  of  the  extinction  of  the  male  de- 
scendency the  succession  goes  to  the  female  line,  irrespective  of  the 
sex,  in  such  a  way  that  the  relationship  nearest  to  the  late  King  and^ 
in  case  of  equal  relationship,  the  oldest  as  to  natural  age,  should  have 
preference.  In  the  succession  of  the  new  ruling  House  the  male  de- 
scendency shall  have  preference  again. 

Art.  8.  The  eligibility  to  the  succession  to  the  throne  depends  on 
the  legitimate  birth  from  a  mother  of  equal  rank,  the  marriage  being 
approved  by  the  King. 

Art.  9.  The  majority  of  the  King  is  pronounced  when  he  attains 
the  18th  year  of  age. 

Art.  10.  The  oath  of  allegiance  to  the  successor  to  the  throne  will 
not  be  taken  until  he  assures  in  a  document  presented  to  the  Provin- 
cial Assembly  by  His  Royal  word  his  strict  adherence  to  the  Consti- 
tution of  the  land. 


CONSTITUTION   OF   WUETTEMBEBG.  449 

Art.  11.  In  case  the  King  is  a  minor,  or  for  some  other  reason 
unable  to  perform  the  functions  of  Government,  an  administration 
of  the  realm  will  be  provided. 

Art.  12.  In  both  cases  the  administration  will  be  conducted  by  the 
agnate  nearest  to  the  succession.  If  no  competent  agnate  should 
exist,  the  regency  goes  to  the  mother  and  after  her  to  the  grand- 
mother of  the  paternal  side. 

Art.  13.^  Should  it  appear  that  the  successor  to  the  throne  or  the 
heir  apparent  is  mentally  or  physically  incapacitated  to  rule  and  un- 
able to  conduct  the  Government,  a  special  State  law  should  be  passed 
under  the  ruling  King  to  provide  for  the  future  administration  of 
the  realm. 

In  case  the  King  during  his  reign  or  the  successor  assuming  the 
throne  becomes  or  should  be  incap^icitated  to  rule  and  provision  for 
this  event  has  been  made,  the  Ministry  shall  within  a  year  and  not 
later  call  a  meeting  of  all  princes  of  the  Royal  House  of  legal  age 
and  not  being  under  legal  paternal  custody,  with  the  exception  of 
the  agnate  entitled  to  assume  the  regency,  and  these  princes  shall 
with  a  majority  vote  and  subject  to  the  consent  of  the  Provincial 
Assembly  enact  rules  regarding  the  regency. 

Art.  14.  The  administrator  of  the  realm  must  similarly  to  the 
King  affirm  solemnly  before  the  Provincial  Assembly  that  he  will 
abide  by  the  Constitution. 

Art.  15.^  The  State  Administrator  exercises  the  State  functions 
to  the  same  extent  as  the  King  in  behalf  of  the  King,  subject  to  the 
Constitution;  and  therefore  the  State  Ministry  has  the  same  rela- 
tions to  the  administrator  as  a  ruling  King. 

The  Administrator  of  the  realm  can,  however,  grant  no  distinc- 
tion of  higher  rank ;  he  cannot  endow  any  new  order  of  knighthood 
or  create  any  new  positions  to  the  Royal  Court.  Every  amendment  or 
annulment  of  an  article  of  the  Constitution  prevails  only  during  the 
regency  and  becomes  null  and  void  when  the  regency  expires.  Es- 
tates of  feudal  tenure  returned  to  the  realm  cannot  be  bestow^ed  again 
during  the  regency. 

Art.  16.^  In  case  no  provision  has  been  made  by  the  King  and 
consequently  no  announcement  has  been  issued  by  the  Ministry,  the 
education  of  the  minor  King  is  entrusted  to  the  mother,  and  in  case 
she  is  not  alive,  to  the  grandmother  of  the  paternal  side.  The  ap- 
pointment of  the  educators  and  teachers  of  the  minor  can,  however, 
only  be  made  after  consultation  with  the  council  of  guardians  con- 
sisting of  the  members  of  the  State  Ministry  under  the  chairmanship 

^By  article  13,  sec.  2,  article  15,  sec.  1  and  article  16  of  law  of  July  15,  1911.  the 
Privy  Council  was  supplanted  by  the  State  Ministry  and  an  alteration  of  the  wording  in 
article   15,   sec.   2,  was  made. 

Q2975— 19 29  . 


450  CONSTITUTIONS  OF   THE  GEBMAN   STATES. 

of  the  administrator  of  the  realm.  The  latter  is  entitled  to  a  vote, 
and  in  case  of  a  tie  he  has  the  deciding  vote.  If  any  differences  of 
opinion  should  arise,  the  decision  of  the  council  of  guardians  prevails, 
and  this  body  solely  takes  care  of  the  education  of  the  minor  King 
in  case  of  the  death  of  both  mother  and  grandmother. 

Art.  17.  The  administration  of  the  realm  ceases  as  soon  as  the 
King  attains  the  legal  age  and  all  obstacles  to  his  own  rulership  have 
been  removed. 

Art.  18.  The  relations  of  the  members  of  the  Royal  House  toward 
the  King  as  head  of  the  family  and  among  themselves  are  defined  in 
a  separate  House  Law.^ 

Third  Chapter. — General  legal  status  of  the  State  citizens. 

Art.  19.  The  State  rights  of  citizenship  are  acquired  by  birth,  when 
the  father  of  children  of  legitimate  birth  has  these  rights,  or,  for 
those  of  illegitimate  birth,  in  case  the  mother  possesses  these  rights; 
furthermore  by  admission  to  citizenship.  In  the  latter  case  it  is 
presumed  that  the  applicant  has  received  the  assurance  from  some 
commune  that  he  will  be  admitted  to  the  rights  of  a  townsman.  By 
employment  in  the  State  service  the  citizenship  is  also  granted,  but 
only  for  the  term  of  office. 

Art.  20.  The  oath  of  allegiance  must  be  taken  by  every  native  of 
Wiirttemberg  when  he  attains  the  age  of  16  and  must  be  adminis- 
tered to  all  others  at  the  time  of  admission  to  citizenship. 

Art.  21.  All  citizens  of  Wiirttemberg  enjoy  equal  civic  rights 
and  are  bound  to  share  equal  civic  diities  and  State  burdens,  in  so 
far  as  the  Constitution  does  not  contain  any  exceptions.  They  have 
also  to  manifest  equal  obedience  in  accordance  with  the  Constitution. 

Art.  22.  No  citizen  can  be  barred  from  a  State  position  on  account 
of  his  birth. 

Art.  23.  The  obligations  in  regard  to  the  defense  of  the  Father- 
land and  the  military  service  are  general.  In  the  latter  respect  no 
exceptions  are  made  outside  of  those  laid  down  in  the  Federal  Act 
and  the  existing  laws.^ 

In  regard  to  the  right  to  carry  arms  a  law  will  contain  detailed 
l)rovisions. 

Art.  24.  The  State  assures  every  citizen  of  freedom  of  the  person, 
freedom  of  conscience  and  thought,  freedom  as  to  property  and 
emigration. 

Art.  25.  Serfdom  has  forever  been  abolished. 


1  Executed  by  the  Royal   House  Law  of  June  8,   1828.     Cf.   H.  Schulze,   Hausgenetxe 
V.  512  flf. 

2  The  Federal  Act  is  supplanted  by  the  Military  Agreement  of  21/'2o  Novoinbor,  1870 ; 
Imperial  Military  Law  of  May  2,  1874. 


CONSTITUTION   OF   WURTTEMBERG.  451 

Art.  26.  Nobody  shall  be  deprived  of  justice,  and  arrests  shall 
only  be  made  and  punishment  meted  out  in  cases  defined  by  law  and 
in  legal  form.  Nobody  shall  longer  than  a  period  of  twenty-four 
hours  after  arrest  be  kept  in  ignorance  as  to  the  nature  of  the  charge 
against  him. 

Art.  27.^  Every  person,  irrespective  of  difference  of  religion,  en- 
joys in  the  Kingdom  undisturbed  freedom  of  conscience. 
The  civic  rights  are  separate  from  the  religious  faith. 

Art.  28.  The  freedom  of  the  press  and  the  sale  of  books  are  as- 
sured to  full  extent,  but  subject  to  the  laws  dealing  with  the  abuse 
of  these  privileges. 

Art.  29.  Everybody  has  the  right  to  choose  his  station  in  life  and 
his  trade  according  to  his  desire  and  to  acquire  the  necessary  educa- 
tion or  training  in  domestic  or  foreign  countries.  He  may  study 
for  that  purpose  at  foreign  educational  institutions,  in  accordance 
with  the  legal  provisions. 

Art.  30.2  Nobod}^  can  be  compelled  to  surrender  his  property  or 
rights  for  State  or  corporation  purposes  before  a  decision  as  to  the 
necessity  of  such  seizure  is  rendered  in  regular  proceeding  by  the 
proper  authorities  and  full  indemnity  has  been  paid.  If  a  dispute 
arises  about  the  amount  of  the  indemnity,  and  in  case  the  owner  is 
not  satisfied  with  the  decision  of  the  administrating  authorities,  the 
matter  must  be  disposed  of  in  due  process  of  law.  The  allowed  sum, 
however,  must  be  paid  forthwith  to  the  owner. 

The  church  congregations  have  the  same  legal  standing  regarding 
condemnation  proceedings  as  the  civic  (;orporations. 

Art.  31.  Exclusive  privileges  for  commerce  and  trade  can  only  be 
granted  by  a  law  or  some  existing  legal  provision  covering  the  case, 
with  the  consent  of  the  Provincial  Assembly. 

The  Government  has  discretionary  power  to  award  for  useful  in- 
ventions patents  entitling  to  the  exclusive  use  of  same  for  a  period 
of  ten  years. 

Art.  32.  Every  citizen  is  at  liberty  to  emigrate  from  the  Kingdom 
without  paying  any  tax,  as  soon  as  he  gives  notice  of  his  intention, 
has  paid  all  his  debts,  met  his  obligations,  and  gives  assurances  that 
he  shall  not  bear  arms  against  the  King  and  Fatherland  for  a  year, 
and  respond  to  all  claims  made  against  him  in  the  Kingdom  for  the 
same  length  of  time. 

Art.  33.  By  leaving  the  country  the  emigrant  loses  the  civic 
rights  for  his  own  person  and  the  children  departing  with  him. 

The  property  of  those  children  who  do  not  emigrate  with  their 
parents  will  be  kept  in  the  country. 


1  Article  27,  section  2,  newly  drawn  up  by  the  law  of  December  31,  1861. 

2  Article  30  newly  framod  by  law  of  December  20,  1888. 


462  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

Art.  34.  Whoever  joins  the  service  of  a  foreign  state  without  offi- 
cial consent  loses  his  citizen  rights. 

Art.  35.  He  who  takes  up  a  permanent  residence  in  a  foreign  state 
can  maintain  his  citizen  rights  in  Wiirttemberg  only  with  Royal 
consent  and  when  assurance  is  given  that  he  will  fulfil  all  his  duties 
as  citizen  in  every  respect. 

Art.  36.  Everybody  has  the  right  to  make  complaint  in  writing 
about  an  unlawful  or  improper  procedure  of  State  officials  or  a  delay 
of  a  decision  to  a  superior  bureau,  and,  if  necessary,  follow  up  the 
matter  to  the  higher  authorities  successively. 

Art.  37.  In  case  the  superior  department  considers  the  complaint 
unfounded,  it  is  its  duty  to  inform  the  complainant  as  to  the  reasons 
for  its  findings. 

Art.  38.^  If  the  complainant  is  not  satisfied  with  the  adverse  deci- 
sion of  the  highest  State  authorities,  he  has  the  right  to  present  his 
case  to  the  Provincial  Assembly.  This  body  may  apply  to  the  State 
Ministry  for  full  information,  after  it  has  been  proven  that  the  com- 
plainant took  the  proper  proceedings,  in  case  the  Provincial  Assembly 
thinks  the  complaint  has  merits  and  deserves  consideration. 

Art.  39.  The  knightly  nobility  of  the  Kingdom  forms  in  the  four 
districts  of  the  realm  a  corporation  for  the  purpose  of  choosing 
delegates  to  the  Provincial  Assembly  and  for  the  furtherance  of  the 
welfare  of  its  families. 

Art.  40.  The  admission  to  any  of  these  corporations  depends  on  its 
consent  and  the  approval  of  the  King.  In  regard  to  the  admission  of 
knighted  owners  of  registered  estates  provisions  are  made  by  the 
statutes  of  the  said  corporations. 

Art.  41.  Said  statutes  acquire  legal  force  in  the  same  manner  as  the' 
laws  of  the  country.^ 

Art.  42.  The  members  of  the  knighthood  are  entitled  to  all  rights 
of  State  citizenship. 

The  particular  provisions  in  reference  to  the  exercise  of  the  rights 
conceded  to  the  knighthood  in  article  14  of  the  Federal  Act  will  be 
communicated  to  the  Provincial  Assembly. 

Fourth  Chapter. — The  State  authorities. 

Art.  43.  The  servants  of  the  State  will  be  appointed  by  the  King 
with  the  exceptions  made  by  the  Constitution  or  granted  by  special 
rights.  Appointments — the  heads  of  departments  excepted — are  t^ 
be  made  according  to  the  suggestions  of  the  superior  officials,  but  the 
full  list  of  the  applicants  has  to  be  submitted  in  every  case. 

1  The  jurisdiction  of  the  Privy  Council  in  the  cases  defined  in  articles  38,  l26,  and  100, 
sees.  2  and  4  of  the  Constitution,  has  been  transferred  to  the  State  Ministry.  Law  of 
July  1,  1876,  article  8.     Compare  note  to  article  56. 

■  The  corooratlons  of  knifihthood  proposed  by  articles  39-41  have  not  been  created. 


CONSTITUTION  OF   WURTTEMBEEG.  453 

Art.  44.  Nobody  can  receive  a  State  position  before  he  has  been 
duly  examined  and  has  shown  his  fitness.  Natives  shall  have  prefer- 
ence before  foreigners  in  case  of  equal  efficiency. 

Art.  45.  The  official  oath  which  must  be  taken  by  every  State  em- 
ployee should  contain  the  pledge  to  obey  the  Constitution  conscien- 
tiously. 

Art.  46.  No  servant  of  the  State  holding  a  position  as  a  judge,  can 
be  removed  from  office  for  any  reason  without  the  decision  of  a 
judge,  nor  can  he  be  dismissed  or  transferred  to  a  minor  position. 

Arts.  47  and  48.^ 

Art.  49.- 

Art.  50.  As  for  State  employees  incapacitated  by  sickness  or  age 
and  unable  to  fill  their  positions  any  longer,  provision  has  been  made 
as  to  their  support  and  that  of  their  family. 

Art.  51.  All  orders  given  by  the  King  and  concerning  the  State 
administration  must  be  countersigned  by  the  respective  official  or 
head  of  the  department,  and  this  official  is  responsible  for  their 
contents. 

Art.  5-2.  Furthermore  every  official  of  the  Ministry  or  head  of  a 
department  is  responsible  for  any  disposition  made  by  him  and  the 
conduct  of  the  affairs  of  his  department. 

Art.  53.  In  the  same  manner  (article  52)  the  other  servants  of  the 
State  and  authorities  are  responsible  for  the  discharge  of  their  duties 
in  their  respective  bureaus.  They  have  to  respect  and  to  abide  by  the 
orders  given  them  by  their  proper  superiors. 

.  Whenever  they  are  in  doubt  as  to  whether  an  official  giving  them 
orders  has  the  authority  to  do  so,  they  must  inquire  of  their  superiors 
as  to  the  propriety  of  such  order.  In  case  they  have  doubt  in  regard 
to  the  wisdom  of  an  order  given  by  their  superior,  they  may  in 
proper  form  call  the  attention  of  the  superiors  to  the  alleged  defects 
of  the  order,  but  must  carry  it  out  in  cage  the  superiors  insist  thereon. 

Arts.  54  and  55.-^ 

Art.  56.*  The  administrative  departments  presided  over  by  the 
various  officials  of  the  Ministry  are  the  following : 

The  Ministry  of  Justice,  the  Ministry  of  Foreign  Affairs,  the  Min- 
istry of  the  Interior,  the  Ministry  of  the  Churches  and  Schools,  the 
Ministry  of  War,  and  the  Ministry  of  Finance. 

Arts.  57-59,3  ^rt.  60,^  and  Art.  61.« 

^  Articles  47  and  48  revoked  by  law  of  July  15,  1911. 

2  Revoked  by  law  of  June  28,  1876,  article  in. 

3  Articles  54,  55,  57-59.  61  and  the  headings  sub  A  and  B  have  been  revoked  by  law 
of  July  15,  1911. 

*  Articles  38,  54,  56,  58,  59,  126,  160,  sees.  2  and  4,  and  article  172,  sec.  2,  have  been 
amended  in  accordance  with  the  provisions  of  the  Constitutional  Law,  concerning  the 
creation  of  the  State  Ministry  of  July  1,  1876. 

6  Article  60,  nos.  1  and  2,  annulled  by  law  of  December  16,  1876,  no.  3  by  law  of 
December  20.  1888. 


454  CONSTITTJTIONS   OF    THE   GERMAN   STATES. 

FiiTH  Chapter. — CoTn/munes  and  other  puhlw  corporations. 

Art.  62.  The  communes  and  other  civic  corporations  are  the 
foundation  of  the  State  organization.  Every  citizen  must  therefore 
belong  to  a  city  or  commune  either  as  citizen  or  assessor. 

Art.  03.  The  admission  of  citizens  and  assessors  rests  with  the 
town  authorities  but  is  subject  to  the  decision  rendered  by  the  State 
departments  in  disputed  cases.  The  granting  of  the  town  rights 
should  be  preceded  by  acquiring  the  State  rights  of  citizenship. 

Art.  64.  All  communes  belonging  to  a  governmental  district  form 
such  a  district.  The  reorganization  of  these  districts  is  subject  to 
legislation. 

Art.  65.  The  rights  of  the  town  corporations  are  exercised  by  the 
local  councillors  with  the  cooperation  of  citizen  committees,  the 
functions  of  the  district  by  meeting  of  the  various  representatives 
under  the  provisions  of  the  law  and  the  supervision  of  the  State 
authorities. 

Art.  66.  No  Government  department  has  the  right  to  dispose  ot 
property  of  the  towns  or  district  corporations  without  consulting 
the  local  supervisors. 

Art.  67.  Neither  the  district  corporations  nor  the  various  com- 
munes shall  be  burdened  with  any  obligation  to  which  they  are  not 
pledged  by  provisions  of  the  law,  or  in  accordance  with  privileges  or 
the  stock-books. 

Art.  68.  Whatever  can  not  be  used  for  local  needs  but  to  fulfill 
general  obligations  must  be  apportioned  over  the  whole  country  and 
spent  accordingly. 

.Art.  69.  All  the  chairmen  of  communes  and  district  corporations 
are  pledged  just  as  State  employees  to  abide  by  the  Constitution  and 
to  maintain  the  rights  of  the  communes  and  district  corporations  as 
laid  down  in  the  Constitution. 

Sixth  CiiAvn.u— Relations  of  the  churches  to  the  State. 

Art.  70.  To  each  of  the  three  Christian  denominations  existing  in 
the  Kingdom  have  been  guaranteed  free  public  divine  services  and 
the  full  enjoyment  of  the  church,  school,  and  pauper  funds. 

Art.  71.  All  regulations  in  regard  to  internal  church  affairs  are 
left  to  the  autonomy  of  the  Church,  assured  in  the  Constitution. 

Art.  72.*  To  the  King  belongs  the  sovereign  right  of  protection 
and  supervision  of  the  churches. 

Regulations  and  circular  announcements  sent  by  the  Archbishop 
and  the  Bishop,  as  well  as  other  ecclesiastical  authorities,  to  the  clergy 
must  be  approved  by  the  State  if  the  clergy  by  these  orders  should 

1  Paragraphs  2  and  3  were  added  by  law  of  January  30,  1862. 


CONSTITUTION   OF   WURTTEMBERG.  455 

be  pledged  to  something  outside  of  their  religious  activities,  or  if 
matters  are  brought  up  in  them  affecting  State  or  civic  affairs.  An- 
nouncements of  purely  church  affairs  must  be  forwarded  to  the  au- 
thorities for  inspection  onl}. 

The  same  provision  prevails  in  regard  to  resolutions  passed  by  tho 
dioceses  and  provincial  synods,  as  well  as  to  papal  decrees,  breves,  and 
other  orders,  which  can  only  be  announced  b}^  the  Bishop. 

Art.  73.  The  servants  of  the  Church  are,  in  view  of  their  civic 
relations  and  activities,  subject  to  the  temporal  authorities. 

Art.  74.  Employees  of  churches  and  schools  who  b}^  the  infirmities 
of  age  or  longer  sickness  without  hope  of  recovery  are  incapacitated 
to  perform  their  duties  can  claim  an  adequate  pension  for  life. 

Art.  75.  The  church  management  of  the  P^vangelical-Lutheran 
Church  w411  be  conducted  by  the  Royal  Consistory  and  the  synods  ac- 
cording to  the  existing  laws  and  the  laws  enacted  in  the  future. 

Art.  76.  Should  the  King  in  the  future  adhere  to  another  de- 
nomination than  the  Evangelical,  his  episcopal  rights  must  be  modi- 
fied in  accordance  with  the  change. 

Art.  77.  The  separate  management  of  the  Evangelical  Church 
property  of  the  former  Duchy  of  Wiirttemberg  shall  be  reestab- 
lished. To  that  end  a  joint  commission  will  be  inmiediately  ap- 
pointed to  undertake  a  division  of  the  funds  and  property  of  the 
Church  in  the  old  and  new  provinces  and  to  make  suggestions  for  the 
future  management  of  the  church  property  of  the  two  sections. 

Art.  78.  The  administration  of  the  internal  affairs  of  the  Catholic 
Church  rests  with  the  Bishop  of  the  country  and  the  chapter  of  the 
cathedral.  The  Bishop  will  in  cooperation  with  the  chapter  exer- 
cise all  those  rights  which  are  vested  in  him  according  with  the  rules 
and  order  of  the  Catholic  Church. 

Art.  79.  The  powers  which  the  State  exercises  over  the  Catholic 
Church  are  entrusted  by  the  King  to  a  board  consisting  of  Catholics 
who  shall  make  suggestions  for  the  filling  of  ecclesiastical  positions 
which  are  under  the  King's  supervision. 

Art.  80.  The  servants  of  Catholic  churches  enjoy  the  same  per- 
sonal privileges  as  the  servants  of  the  Protestant  churches. 

Art.  81.  It  shall  also  be  provided  that  Catholic  clergymen  who 
for  some  minor  reason  have  been  dismissed  from  service  in  a  parish 
but  without  being  barred  from  the  priesthood  should  be  taken  care  of. 

Art.  82.  The  Catholic  Church  receives  money  from  time  to  time 
for  the  providing  of  religious  need,  for  which  none  or  only  insuffi- 
cient funds  exist,  and  from  the  receipts  of  a  special  church  fund 
shall-  be  defrayed  the  expenses  of  the  higher  institutions  of  learn- 
ing. In  order  to  separate  this  fund  from  the  State  property  and  to 
devise  the  mode  of  management,  a  commission  will  be  appointed  as 


456  CONSTtTUTIONS  OF   THE  GERMAN   STATES. 

above  described  (article  77)  in  regard  to  the  older  Wiirttemberg 
church  property. 

Art.  83.  As  far  as  it  concerns  the  reformed  congregations  existing 
in  the  Kingdom,  the  improvement  of  their  church  property  and  their 
educational  institutions  will  be  taken  care  of,  and  means  shall  be  pro- 
vided for  the  maintenance  and  the  support  of  the  employees  and  the 
other  needs. 

Art.  84.  For  the  maintenance  and  the  betterment  of  the  higher  and 
lower  educational  institutions  of  every  kind  and  especially  the  Uni- 
versity of  the  land  ample  means  shall  be  supplied. 

Seventh  Chapter. — The  exercise  of  the  State  authority. 

Art.  85.  The  King  represents  the  State  in  all  its  relations  toward 
other  States.  Without  the  consent  of  the  Provincial  Diet  no  treaty 
can,  however,  be  consummated  with  a  foreign  power  as  to  the  sur- 
render of  any  State  territory,  no  new  financial  burdens  be  taken 
over,  no  law  of  the  land  be  altered  or  annulled,  and  no  obligations 
interfering  with  the  rights  of  citizens  be  incurred  without  its  consent. 
Likewise  no  commercial  treaty  aifecting  the  present  laws  and  no  sub- 
sidy treaty  for  the  use  of  Royal  troops  in  a  war  not  concerning 
(rermany  can  be  entered  upon. 

Art.  86.  The  King  shall  notify  the  Provincial  Diet  of  any  pact 
and  alliances  concluded  with  foreign  powers,  as  soon  as  circum- 
stances permit  it. 

Art.  87.  All  subsidies  and  war  contributions,  as  well  as  indemni- 
ties received  or  other  acquisitions  taken  over  by  the  King  in  conse- 
quence of  any  State  treaty,  alliance,  or  a  war  are  the  property  of  the 
State. 

Art.  88.  Without  the  consent  of  the  Provincial  Diet  no  law  can 
be  enacted,  altered,  or  authentically  defined. 

Art.  89.  The  King  has,  however,  the  right  to  issue  orders  and 
make  preparations  for  the  execution  of  laws  and  to  provide  for 
necessary  action  in  urgent  cases  concerning  the  safety  of  the  State. 

Art.  90.  These  provisions  (articles  88,  89)  apply  also  to  all  laws 
and  ordinances  to  be  carried  out  by  the  police  authorities. 

Art.  91.  All  laws  and  ordinances  which  conflict  with  a  provision 
of  the  present  Constitution  are  hereby  revoked.  The  others  are  sub- 
ject to  a  constitutional  revision. 

Art.  92.  The  administration  of  justice  is  to  be  carried  out  in 
behalf  of  the  King  and  under  his  supreme  supervision  by  duly  or- 
ganized courts  of  lower  and  higher  order. 

Art.  93.  The  courts,  the  civil  as  well  as  the  criminal,  are  inde- 
pendent within  the  bounds  of  their  jurisdiction. 


CONSTITUTION   OF   WUETTEMBEEG.  457 

Art.  94.  The  Royal  Government  will  in  all  legal  disputes  and 
trials  abide  by  the  decision  of  the  court. 

Art.  95.  The  way  to  justice  can  not  be  barred  to  any  citizen  who 
is  aggrieved  by  any  act  of  State  authorities  by  which  his  private 
rights  are  affected. 

Art.  96.  The  decisions  of  the  criminal  courts  do  not  require  the 
confirmation  of  the  ruler  to  go  into  force. 

Art.  97.  The  King,  however,  has  the  power,  under  the  right  of 
pardon,  to  set  aside  a  sentence  or  commute  it  after  he  has  received 
from  the  court  the  papers  in  the  case.  The  criminal  courts  have, 
therefore,  the  obligation  in  grave  cases  to  submit  the  papers  through 
the  Ministry  of  Justice  to  the  King  before  they  pronounce  sentence, 
^  in  order  to  enable  him  to  pardon  the  defendant.  The  convicted 
person  has  furthermore  the  right  to  appeal  to  the  King  for  a  pardon 
after  the  sentence  has  been  pronounced. 

If  there. are,  according  to  the  opinion  of  the  Ministry  of  Justice 
in  a  criminal  case,  sufficient  reasons  to  drop  it,  the  King  can  by 
means  of  the  right  of  abolition  vested  in  him  order  to  suspend  the 
proceeding  even  before  the  case  has  been  investigated  or  a  conviction 
has  been  secured. 

The  King  in  exercising  these  rights  will  take  good  care  that  the 
respect  for  the  criminal  law  and  its  efficiency  shall  not  be  impaired. 
Art.  98.  The  punishment  regarding  the  confiscation  of  an  estate 
has  been  generally  annulled. 

Art.  99.  As  far  as  the  military  regulations  are  concerned,  the 
number  of  men  annuall}^  required  to  make  up  the  quota  of  the  Royal 
army  shall  be  agreed  upon  with  the  Provincial  Diet. 

Art.  100.  By  legislation  and  revision  of  laws  the  order  of  selection 
and  further  particulars  in  regard  to  measures  of  defense,  the  obli- 
gations of  citizens  to  receive  training  outside  of  military  service,  the 
civic  relations  of  the  men  serving  in  the  army,  the  military  penal 
laws,  as  well  as  the  defining  of  circumstances  under  which  in  ex- 
ceptional cases  the  Royal  military  force  can  be  quartered  in  the 
homes  of  citizens  shall  be  provided  for. 

Art.  101.  For  the  support  of  military  persons  who,  serving  the 
Fatherland,  have  made  sacrifices  in  having  their  health  impaired, 
provision  is  made  by  law. 

Eighth  Chapter. — Finances. 

Art.  102.  All  property,  income,  and  valuable  rights,  which  be- 
longed to  the  former  entail  of  the  ducal  family  of  Wiirttemberg, 
as  well  as  those  parcels  of  land  and  rights  newly  acquired  by  the 
King,  Avith  the  exception  of  the  court  domanial  estate,  form  the 
Royal  domain. 

Art.  103.  From  this  domain  there  are  to  be  defrayed  the  expenses 
for  the  personal  needs  of  the  King  as  head  of  the  State  and  of  the 


458  CONSTITUTIONS   OF   THE   GERMAN    STATES. 

members  of  the  Royal  House,  a3  well  as  the  cost  of  representation,  as 
far  as  possible.  The  domain  in  this  respect  is  inseperable  from  the 
Kingdom. 

Art.  104.  For  the  further  funds  required  to  cover  the  needs  of  the^ 
King  and  the  household  a  civil  list  is  provided  for  the  reign  of  each 
King,  and  the  revenues  of  this  list,  consisting  in  money  and  natural 
products,  will  be  handed  over  to  the  bureau  designated  by  the  King- 
in  regular  intervals. 

Art.  105.  The  emoluments,  widows'  pensions,  dowries,  and  other  con- 
tributions of  similar  nature  that  can  be  claimed  by  members  of  the 
Royal  family,  will  be  paid  to  them  directly  from  the  State  treasury. 

Art.  106.  The  expenses  of  the  household  of  the  State  Administra- 
tor shall  be  defrayed  from  the  civil  list  and  his  princely  emoluments 
will  be  increased  to  the  amount  allowed  to  a  crown  prince. 

Art.  107.^  The  domain  is  to  be  kept  intact  and  can  not  be  dimin- 
ished by  sale  or  burdened  with  debts  or  liens. 

It  is  not  considered  a  diminishing  of  the  domain  if  a  loan  is 
secured  for  the  sake  of  acquiring  valuable  additional  property,  or  a 
sale  or  exchange  of  property  seems  to  be  of  advantage.  An  account- 
ing of  such  transactions  must  be  made,  however,  every  year  to  the 
Provincial  Diet  (and  a  detailed  report  as  to  them). 

It  is  not  considered  a  sale  if  the  King  awards  an  estate  of  feudal 
tenure,  which  has  been  surrendered  to  him,  to  another  party  in 
recognition  of  valuable  services  rendered  to  the  State. 

Art.  108.  The  aforesaid  domanial  estate  of  the  Court  (article  102) 
is  the  private  property  of  the  Royal  family,  and  its  management  and 
use  belongs  to  the  King.  The  estate  as  such  shall  not  be  diminished, 
but,  as  far  as  loans  or  other  transactions  are  concerned,  the  principles 
laid  down  in  the  previous  paragraphs  apply  to  this  property.  In 
regard  to  the  general  tax  burdens  of  the  State,  the  court  domanial 
estate,  as  far  as  it  has  been  heretofore  exempt  from  taxation,  assumes 
proportionally  its  share,  as  other  estates  of  similar  character. 

Art.  109.  As  far  as  the  income  from  the  domain  is  not  sufficient,  the 
needs  of  the  State  are  to  be  covered  by  taxation.  Without  the  con- 
sent of  the  Provincial  Diet  no  direct  or  indirect  tax  can  be  enacted  or 
collected  either  in  war  or  peace  times. 

Art.  110.  The  request  for  the  enactment  of  a  new  tax  measure 
must  be  preceded  by  a  detailed  statement  in  regard  to  the  necessity 
and  usefulness  of  the  proposed  new^  expenditure,  about  the  expend- 
ing of  the  previous  State  receipts,  and  about  the  inadequacy  of  the 
proceeds  of  the  domains  to  cover  the  new  needs. 

Art.  111.  To  that  end  the  Minister  of  Finance  must  submit  to  the 
Provincial  Diet  the  main  budget  for  examination.  The  various 
ministers  must  explain  the  expenditures  for  their  departments.  , 

1  Article  107,  sec.  3,  has  become  irieflPectlve  by  law  of  October  8,  1874,  concerning  the 
abolition  of  fendal  privileges. 


CONSTITUTION   OF   WtJRTTEMBERG.  459 

Art.  112.  The  main  budget  is  approved  by  the  Provincial  Diet 
as  a  rule  for  a  term  of  three  years. 

Art.  113.  No  conditions  shall  be  attached  to  the  appropriations 
which  do  not  concern  the  purpose  for  which  the  moneys  are  to  be 
spent. 

Art.  114.  The  annual  taxes  authorized  for  a  certain  period  of  time 
will  be  collected  also  after  the  expiration  of  that  term  for  a  third  of 
the  year,  but  this  will  be  considered  in  the  making  of  the  new  ap- 
propriations. 

Art.  115.  Taxes  are  apportioned  among  the  corporations  and  dis- 
tributed by  these  among  the  separate  communes  and  estate-holders 
who  belong  to  no  commune.  The  estate-holders  pay  their  quota 
directly  to  the  collectors. 

Art.  116.  The  tax  collectors  nnd  the  3upervising  officials  shall 
hand  parts  of  the  receipts  over  to  the  State  treasury  and  the  other 
part  to  the  sinking  fund  bureau  according  to  the  provisions  em- 
bodied in  the  original  appropriation.  The  tax  receivers  are  re- 
sponsible for  the  proper  disposition  of  the  moneys  collected  by  them, 
and  they  have  no  right  to  hand  the  money  over  to  any  other  authority 
than  the  one  prescribed  by  law. 

Art.  117.  The  superior  administration  for  the  collection  of  taxes 
is  entrusted  to  a  central  body.  This  has  charge  of  the  indirect  taxes 
and  the  collection,  the  repartition  of  the  direct  taxes  and  their  col- 
lection, granting  of  reduction  of  taxes  in  accordance  with  the  prin- 
ciples governing  such  cases,  and  it  shall  report  to  the  Ministry  of 
Finance  as  to  repartitions  and  its  work  in  general. 

Art.  118.  The  Ministry  of  Finance  has  to  report  to  the  Provincial 
Assembly  on  the  tax  repartition  and  shall  present  monthly  state- 
ments in  regard  to  the  tax  receipts  and  taxes  not  paid. 

Art.  119.  The  State  debts,  those  incurred  by  the  new  provinces 
included,  are  guaranteed  by  the  Provincial  Diet. 

Art.  120.  The  bureau  for  the  redemption  of  debts  or  sinking  fpnd 
is  managed  by  officials  appointed  by  the  Provincial  Diet  and  con- 
firmed by  the  Government,  in  accordance  with  the  principles  laid 
down  for  that  purpose. 

Art.  121.  Monthly  financial  reports  have  to  be  submitted  to  the 
executive  committee  of  the  Provincial  Diet,  and  a  copy  of  this  is  to 
be  forwarded  to  the  Ministry  of  Finance. 

Art.  122.  The  Government  is  by  virtue  of  its  supreme  supervising 
authority  at  liberty  to  examine  this  bureau  and  its  treasury  at  any 
time. 

Art.  123.  The  annual  account  shall  be  examined  by  a  Royal  and 
by  a  Provincial  Commission,  and  the  result  is  to  be  published  in 
printing. 


460  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

Ninth  Chapter. — The  Provincial  Diet.^ 

Art.  124.  The  Provincial  Diet  has  the  duty  to  maintain  the  rights 
of  the  country  in  its  relations  to  the  regent  within  the  provisions  of 
the  Constitution.  By  virtue  of  this  duty  it  must  take  part  in  legis- 
lation by  giving  its  consent  thereto,  in  regard  to  deficiencies  or  abuses 
shown  in  the  State  administration;  it  may  present  these  to  the  King 
as  well  as  complaints  in  regard  to  unconstitutional  acts.  It  has  to 
enact  new  taxes  and  appropriations  after  careful  consideration  and 
in  general  further  the  welfare  of  the  King,  which  is  inseparable 
from  that  of  the  country,  under  strict  adherence  to  the  principles 
of  the  Constitution. 

Art.  125.  Matters  that  according  to  their  nature  (article  124)  be- 
long before  the  Provincial  Diet  shall  in  no  case  be  submitted  from 
the  King,  the  Government,  the  Provincial  Diet  or  its  executive  com- 
mittee to  a  single  class  represented  in  the  Assembly,  nor  shall  state- 
ments in  regard  to  such  matter/s  be  asked  for  from  Assembly  members, 
municipal  or  provincial  bureaus. 

Art.  126.2  The  State  Ministry  is  the  department  through  which 
the  King  conveys  his  announcements  to  the  Provincial  Diet  and  by 
means  of  which  the  Provincial  Diet  must  communicate  its  wishes, 
statements,  and  petitions  to  the  King. 

The  State  Ministry  must  present  the  same  to  the  King  unless  it  has 
objections  to  make,  which  will  be  aired  before  the  Provincial  Diet. 

The  resolutions  o;f  the  Provincial  Diet  are  to  be  accompanied  by 
the  reports  and  opinions  as  to  their  constitutionality. 

Art.  127.  The  King  shall  call  the  Provincial  Diet  every  three  years 
and  special  sessions  as  often  as  it  is  deemed  necessary  for  the  settle- 
ment of  State  affairs. 

At  every  change  of  rulership  the  Provincial  Diet  shall  be  called 
within  the  first  four  weeks. 

Art.  128.  The  Provincial  Diet  consists  of  two  branches. 

Art.  129.^  The  First  Chamber  consists  of  : 

1  By  an  amendment  of  July  1,  1849,  voted  doyvn  after  the  Diet  had  been  dissolved  three 
times,  it  was  Intended  to  return  to  the  unicameral  system. 

2  Compare  note  to  article  38. 

3  Articles  129  and  180  newly  framed  by  law  of  July  16,  1906,  concerning  alterations  of 
the  Ninth  Chapter  of  the  Constitution,  articles  1  and  2  ;  article  131  revoked  :  article  132 
newly  framed  ;  and  article  132  a  and  &  inserted  by  article  3  ;  article  133  newly  framed, 
and  article  183  a  inserted  by  articles  4  and  5 ;  article  184,  sec.  2,  and  article  135 
newly  framed  by  articles  6  and  7  ;  articles  136  and  137  revoked  by  article  8  ;  articles  142 
and  143  newly  framed  by  articles  9  and  10 ;  article  144  newly  framed,  and  article  144  a 
inserted  by  article  11  ;  article  145  revoked  by  article  12  ;  articles  146  and  147  newly 
framed  by  articles  13  and  14  ;  article  148  revoked  by  article  15 ;  articles  151  and  153 
newly  framed  by  articles  16  and  17  ;  articles  156-159,  sec,  1,  by  articles  18-21 ;  articles 
162,  164,  sec.  3,  and  article  169  by  articles  22-24  ;  article  173  by  article  25 ;  articles 
181,  184,  and  186,  sec.  3,  by  articles  26-28;  articles  193  and  194,  sees.  2  and  4,  by 
articles  29  and  30.  This  law,  thoroughly  altering  the  Constitution,  took  effect  on  Decem- 
ber 1,  1906.    On  July  16,  1906.  the  election  law  for  the  Diet  was  also  thoroughly  altered. 


CONSTITUTION    OF    WURTTEMBERG.  461 

(1)  The  princes  of  the  Royal  House; 

(2)  The  heads  of  the  princely  families  and  the  families  of 
counts  whose  possessions  were  formerly  privileged  to  a  vote 
in  the  Imperial  Diet  and  the  circuit-council,  as  well  as  the 
heads  of  the  families  of  the  Counts  of  Rechberg  and  von  Neip- 
perg,  as  long  as  they  are  in  possession  of  their  real  estate, 
incorporated  in  a  family  entail  and  subject  to  the  rule  of 
primogeniture,  in  the  Kingdom ; 

(3)  Not  more  than  six  members  appointed  by  the  King  for 
life-time ; 

(4)  Eight  members  of  the  knightly  nobility  (cf.  article  132) ; 

(5)  The  President  of  the  Evangelical  Consistory,  the  Presi- 
dent of  the  Evangelical  Synod  of  the  country — in  case  of  a 
vacancy  by  the  substitute  provided  by  the  synodal  order — and 
two  Evangelical  general  superintendents;  furthermore  a  rep- 
resentative of  the  Episcopal  chancery  (the  Bishop  and  the 
cathedral  chapter),  as  well  as  one  of  the  Catholic  deans  chosen 
by  them  from  among  their  midst  (compare  articles  132«,  sees. 
1  and  2)  ; 

(6)  A  representative  each  from  the  State  University  at  Tiib- 
ingen  and  the  Poly  technical  High  School  at  Stuttgart  (compare 
article  132«,  sec.  3)  ; 

(7)  Two  representatives  each  from  the  branches  of  commerce 
and  industry,  two  representatives  from  agriculture  and  one  of 
the  trades  (article  1326). 

Art.  130.^  In  so  far  as  rights  to  seats  of  the  Provincial  Diet  de- 
fined in  article  129,  no.  2,  cease  by  other  causes  than  voluntary 
resolution,  the  maximum  number  of  the  members  appointed  by  the 
King  for  lifetime  increases  accordingly. 

Akt.  131.^ 

Art.  132.^  The  eight  knightly  members  of  the  First  Chamber 
must  be  chosen  from  the  registered  owners  or  part-owners  of  the 
landed  estates  of  noblemen  among  themselves. 

The  election  takes  place  in  Stuttgart  under  the  direction  of  a 
commission  designated  by  the  Ministry  of  the  Interior  and  consist- 
ing of  a  chairman  and  two  associates  chosen  from  among  the  eligi- 
ble members  of  the  knightly  nobility. 

Art.  132<2.^  The  two  Evangelical  general  superintendents  will  be 
chosen  under  the  direction  of  an  election  commissioner  designated 
by  the  Ministry  of  the  Church  and  School  Department  from  all  the 
general  superintendents  from  among  their  own  ranks.  The  represen- 
tative of  the  episcopal  chancery  is  to  be  chosen  by  the  same  from 
among  their  ranks. 

1  Compare  note  to  article  129. 


462  CONSTITUTIONS   OF    THE   GERMAN   STATES. 

The  election  of  a  Catholic  clean  is  to  be  performed  by  all  the  Deans 
belonging  to  the  Episcopate  nnder  the  direction  of  an  election-com- 
missioner designated  by  the  Ministn'  of  the  Church  and  School 
Department. 

The  representatives  of  the  State  University  and  the  Polytechnical 
High  School  shall  be  chosen  by  the  academic  senate  of  the  institu- 
tions from  among  its  membei*s. 

^  Art.  1326.^  The  representatives  of  commerce  and  industrj^,  agri- 
culture, and  trade  shall  be  appointed  by  the  King  for  a  legislative 
term.  The  appointees  are  proposed  by  the  duly  organized  profes- 
sional corporations  and  in  such  a  way  that  the  representatives  of 
commerce  and  industry  shall  be  designated  by  the  chambers  of  com- 
merce from  among  their  membership,  the  representatives  of  trade 
by  the  boards  of  trade  from  among  their  membership,  and  the 
representatives  of  agriculture,  as  long  as  the  lawfully  provided 
chambers  of  agriculture  have  not  been  established  as  j^et.  by  the 
executive  members  of  the  rural  district  associations,  but  only  owners, 
lessees,  beneficiaries,  or  managers  of  farms  may  be  proposed. 

A  number  twice  as  great  as  the  number  of  those  to  be  appointed 
shall  be  proposed  for  such  appointment,  and  in  case  one  or  several 
of  the  appointees  do  not  assume  office  or  retire,  their  seats  can  be 
filled  by  others  taken  from  that  list. 

Art.  133.^  The  Second  Chamber  (Chamber  of  Deputies)  con- 
sists of : 

(1)  One  deputy  each  from  every  superior  governmental  cir- 
cuit ; 

(2)  Six  deputies  of  the  city  of  Stuttgart  and  one  deputy  each 
from  the  cities  of  Tiibingen,  Ludwigsburg,  Ellwangen,  Ulm, 
Heilbronn,  and  Reutlingen ; 

(3)  Seventeen  deputies  of  two  State  election  districts,  of 
which  the  first  comprising  the  Neckar  circuit  and  the  Jagst  cir- 
cuit, chooses  nine  deputies,  while  the  Black  Forest  circuit  and  the 
Danube  circuit  are  included  in  the  second  district,  which  is  en- 
titled to  eight  deputies. 

A  change  in  the  apportionment  of  the  districts  of  the  country  is 
a  subject  of  regular  legislation. 

^  Art.  133^.^  The  deputies  of  the  Second  Chamber  (article  133)  are 
directly  elected  by  those  State  citizens  who  are  according  to  article 
142  entitled  to  exercise  the  suffrage.  They  must  have  settled  there 
and  reside  there  permanently. 

Art.  134.^  The  admission  to  the  Fii'st  Chamber  on  the  part  of  the 
members  of  the  royal  family  and  of  the  other  hereditary  member^ 
takes  place  when  they  attain  the  legal  age  which  for  the  former  has 

1  (Compare  not<'  to  article  120. 


CONSTITUTION   OF    WURTTEMBERG.  463 

been  provided  in  the  House  Laws  and  for  the  latter  by  the  common 
laws. 

Only  such  persons  can  be  elected  or  appointed  for  the  First  and 
Second  Chambers  who  on  the  day  of  election  or  appointment  have 
already  attained  the  age  of  25. 

Art.  135.^  For  admission  to  the  Provincial  Diet  a  persdn  must  be 
of  the  male  sex,  possess  the  State  citizenship  of  Wiirttemberg  and 
residence  in  the  Kingdom.  It  is  presumed  that  the  members  men- 
tioned in  article  129,  nos.  1  and  2,  have  their  seat  of  residence  in  the 
Oerman  P]mpire. 

In  the  case  of  election  or  appointment  the  new  member  must  have 
p()S3essed  the  State  rights  of  citizenship  on  the  day  of  election  or 
appointment. 

A  seat  of  residence  is  ascribed  to  a  person  in  the  sense  of  section  1 
in  such  a  place  where  the  circumstances  indicate  that  he  has  settled 
permanently. 

Persons  whom  the  rights  of  suffrage  have  been  denied  under  ar- 
ticle 142,  sec.  2,  nos.  1  to  4,  are  excluded  from  the  admission  to  the 
Provincial  Diet. 

Arts.  136  and  137.^ 

Arts.  138-141.^ 

Art.  142.^  For  the  right  to  exercise  the  suffrage  for  the  Provincial 
Assembly  one  is  required  to  be  of  the  male  sex,  being  iji  the  posses- 
sion of  the  State  citizenship  of  Wiu'ttemberg  and  having  attained 
the  age  of  25. 

From  the  privilege  of  suffrage  are  excluded : 

(1)  Persons  who  are  under  guardianship  or  under  a  commit- 
tee for  mental  defects  or  other  reasons ; 

(2)  Persons  being  bankrupt  during  the  time  of  proceeding ; 

(3)  Persons  who — the  case  of  a  temporary  misfortune  ex- 
cepted— are  supported  as  paupers  by  public  means,  or  have 
drawn  such  money  in  the  year  preceeding  the  election  and  have 
not  returned  the  money  before  the  list  of  electors  has  been 
completed ; 

(4)  Persons  who  in  consequence  of  a  legal  conviction  have 
been  deprived  of  their  civic  rights  for  the  time  provided,  until 
they  have  been  reinstated  to  their  rights. 

Art.  142fl.^  The  election  is  performed  by  secret  ballot. 

Art.  143.^  The  right  of  suffrage  cannot  be  exercised  by  proxy. 

Art.  144.1  j^^  ^j^^  election  for  the  First  Chamber  (articles  132  and 
132a)  and  at  the  election  of  the  deputies  from  the  superior  govern- 
mental circuits  and  cities  for  the  Second  Chamber  only  such  persons 


^Compare  note  to  article  120. 

2  Articles  138-141  rescinded  by  law  of  March  2G.   18(58. 

» Article   142a   inserted  by   law  of  March   26,    1868,   article   5. 


464  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

are  considered  as  elected  who  have  received  more  than  half  of  the 
valid  votes  in  the  fir-t  ballot,  the  reservations  of  section  3  being 
observed. 

If  no  such  majority  has  been  attained,  another  ballot  has  to  be  or- 
dered, at  which  the  proportional  majority  decides.  In  case  of  an 
equal  number  of  votes  cast,  the  election  is  to  be  decided  by  drawing 
of  lots. 

The  six  deputies  of  the  city  of  Stuttgart  and  the  seventeen  deputies 
of  the  two  State  election  circuits  will  be  chosen  in  one  ballot  in  ac- 
cordance with  the  principles  of  the  roll  of  proportional  election. 
J.  Art.  144ff.^  The  proposals  for  appointment  of  the  representatives 
of  commerce,  industry,  and  agriculture,  as  well  as  the  trades,  for  the 
First  Chamber  (article  132&)  are  also  to  be  conducted  by  election  in 
accordance  with  article  144,  sections  1  and  2. 

Art.  145.^ 

Art.  146.^  Anyone  can  be  chosen  as  a  deputy  to  the  Second  Cham- 
ber who  does  not  lack  any  of  the  qualifications  set  forth  above  in 
articles  134  and  135.  State  employees  can,  however,  in  the  elec- 
tions for  the  superior  governmental  districts  and  for  the  cities,  not 
be  chosen  for  the  district  in  which  they  exercise  their  official  func- 
tions, and  church  employees  not  in  the  district  where  they  reside. 

The  members  belonging  to  the  First  Chamber  through  their  birth 
or  office  cannot  be  elected  to  the  Second  Chamber. 

Officials  require  no  leave  of  absence  if  elected. 

In  case  an  elected  member  to  the  Provincial  Diet  accepts  a  salaried 
Federal  or  State  office  or  assumes  a  position  in  such  service  to  which 
a  higher  salary  or  rank  is  attached,  he  loses  his  seat  and  vote  in  the 
Provincial  Diet  and  can  only  occupy  a  seat  therein  by  a  new  election. 

Art.  147.^  Those  elected  several  times  to  the  Provincial  Diet  can 
only  accept  one  seat. 

Nobody  can  be  at  the  same  time  member  of  both  Chambers. 

Art.  148.^ 

Arts.  149  and  150.^ 

Art.  151.^  The  provisions  for  the  propositional  elections  for  the 
calling  of  representatives  of  commerce,  industry,  and  agriculture,  as 
well  as  the  trades,  to  the  First  Chamber  and  regarding  the  election 
of  deputies  to  the  Second  Chamber  are  defined  in  detail  by  law. 

The  members  of  the  election  commissions  cannot  be  chosen  in  a 
ballot  which  they  conduct. 

In  the  same  way  members  of  the  Iniighthood  conducting  the  ballot 
for  that  rank  are  not  eligible. 

^  Compare   note   to   article    129, 

^Articlos  149  and  ino  rovokcd  by  law  of  March  26,  1868,  articles  9  and  10. 


CONSTITUTIOK    OF   WURTTEMBERG.  465 

Art.  152.1 

Art.  153.^  In  case  the  pernon  elected  (articles  132,  132a,  133)  has 
not  accepted  the  election,  a  new  election  is  to  be  ordered.  For  the 
ballot  conducted  under  the  principles  of  the  proportional  election, 
this  provision  does  not  apply. 

Art.  154.^  After  the  ballot  a  certificate  of  election  duly  signed  by 
the  person^  having  conducted  the  ballot  shall  be  issued  to  the  elected 
delegates  as  legal  evidence  of  their  election. 

Art.  155.  The  one  elected  is  to  be  considered  not  as  deputy  of  the 
particular  district  but  of  the  whole  country. 

He  can  therefore  not  be  bound  by  any  instruction  as  to  his  future 
vote  in  the  Provincial  Assembly. 

Art.  156.^  The  members  of  both  Chambers  have  to  exercise  their 
right  of  voting  personally.  Nobody  can  make  claim  to  a  double 
vote. 

The  right  to  a  substitute  is  accorded  to  the  members  of  the  First 
Chamber  before  mentioned  (article  129,  no.  2),  in  so  far  as  they  are 
unable  to  appear  personally  in  the  First  Chamber  owing  to  sickness 
or  other  causes,  as  long  as  they  are  not  hindered  by  any  circumstances 
described  in  article  142,  sec.  2,  nos.  2-4.  If  the  cause  has  been  found 
proper,  an  agnate  may  be  substituted. 

If  one  of  the  members  described  in  article  129,  no.  2,  is  under 
guardianship,  the  guardian  can  delegate  an  agnate  with  the  functions 
as  a  substitute,  or,  if  he  himself  is  an  agnate,  assume  the  mandate  of 
a  substitute. 

The  substitute  must  possess  the  qualifications  required  for  admis- 
sion to  the  Assembly  (article  134,  sec.  1;  article  135  and  article  142, 
sec.  2,  nos.  1-4). 

Art.  157.^  After  the  expiration  of  six  years  from  the  date  of  the 
last  general  main  election,  conducted  in  the  superior  governmental 
districts  and  cities  for  the  Second  Chamber,  a.  new  election  of  all 
members  to  this  body  chosen  by  popular  vote  must  be  ordered.  The 
old  members  are  eligible  again. 

Art.  158.2  During  this  term  of  six  years  a  retirement  of  a  member, 
except  in  cases  of  voluntary  resignations  (cf.  also  article  147,  sec.  2), 
or  of  article  146,  sec.  4,  or  a  legally  pronounced  expulsion,  only  take? 
plate  when  the  member 

1.  loses  the  real  e.state,  the  rank,  or  the  position  which  quali- 
fied him  for  said  seat; 

2.  loses  in  the  meantime  any  of  the  qualifications  set  forth 
(articles  135  and  142,  sec.  2,  nos.  1-4)^ 

1  Article  152  revoked  by  law  of  March  26,  1868,  article  11. 

-  Compare   note   to   article    120. 

*  Article  154  newly  framed  by  law  of  March  26,   1868,  article  13. 

02975—19 30 


466  CONSTITUTIONS   OF    THE   OERMAN    STATES. 

In  case  of  a  retirement,  a  new  deputy  has  to  be  chosen  for  the 
unexpired  term,  provided  the  retiring  member  lias  not  been  chosen 
according  to  the  principles  of  a  proportional  election. 

Art.  159.^  The  members  of  both  Chambers  have  to  present  be- 
fore the  opening  of  the  same  to  the  Assembly  Committee  the 
notice  of  opening,  to  be  accompanied  in  case  of  a  substitute  by 
l)roofs  to  that  effect,  and  the  election  certificate  or  a  certified  copv  oi 
the  election  proceedings. 

The  newly  elected  members  of  tlie  executive  committee  ha\"e  to 
l>resent  their  credentials  to  the  members  heretofore  qualified. 

It  depends  on  the  King  to  delegate  commissioners  to  pass  upon  the 
legality  of  the  mandates  of  the  deputies. 

Art.  160.-  The  First  Chamber  has  a  quorum  with  the  presence  of 
one-half  of  its  members,  the  Second  Chamber  with  the  presence  of 
two-thirds  of  its  members. 

The  Diet  Committee  has  to  report  to  the  State  Ministry  a  day 
before  the  date  set  in  the  call  in  regard  to  the  approval  of  the  cre- 
dentials of  the  members. 

The  King  shall  thereupon,  in  case  the  qualified  members  constitute 
a  quorum,  open  the  Chambers  jointly,  and  the  president  of  the  First 
Chamber  appointed  by  the  King,  or,  if  the  president  is  not  yet  ap- 
pointed, the  former  president  of  that  Chamber  presides  over  the 
meeting. 

The  admission  of  the  later  arriving  members  and  the  disposition 
in  regard  to  the  other  cases  of  eligibility  of  members  still  pending 
rests  hereafter  with  the  respective  Chamber.  A  report  about  the 
result  has  to  be  submitted  to  the  State  Ministry,  and  the  other  Cham- 
ber must  be  notified  also. 

Art.  161.  Should  one  of  the  bodies  at  the  opening  not  be  repre- 
sented by  the  necessary  number  of  members  required  by  article  160, 
it  will  be  considered  as  in  agreement  to  the  resolutions  passed  by  the 
other  Chamber.  In  this  case,  however,  the  members  of  the  Chamber 
having  no  quorum  have  the  privilege  to  attend  the  session  of  the 
other  Chamber  and  to  take  part  in  the  vote. 

Art.  162.^  The  order  of  seats  and  the  mode  of  voting  shall  be  de- 
termined in  both  Chambers  by  the  order  of  business. 

Art.  163.  Every  member  of  the  First  and  Second  Chamber,  in 
assuming  his  duties,  must  take  the  oath  of  the  Diet,  as  follows : 

I  solemnly  swejir  to  abide  by  the  Constitution  jind  to  counsel  and  promote 
in  the  Assembly  the  Inseparable  welfare  of  the  Kinjj:  and  the  Fatherland  faith- 
fully and  conscientiously  and  irrespective  of  any  other  consideration,  in  accord- 
ance with  my  own  conviction.     So  help  me  God, 

1  Compare  note  to  article  129.  'Compare  note  to  article  38. 


CONSTITUTION    OF   WURTTEMBERG.  4iB7 

The  oath  of  the  Diet  shall  be  administered  to  a  new  entering  mem- 
ber either  by  the  King  himself  or  by  the  minister  who  has  been 
authorized  to  open  the  session,  and  the  oath  will  be  taken  furthermore 
before  the  president  of  every  Chamber. 

Art.  164.^  The  executiA-e  committee  of  the  Diet  consists  of  a  presi- 
dent and  a  vice-president  in  each  of  the  two  Chambers.  The  term 
of  office  extends  over  the  regular  legislative  period  (articles  127  and 
190). 

The  president  of  the  First  Chamber  is  appointed  by  the  King 
without  proposal.  The  vice-president  is  chosen  by  the  First  Chamber 
from  among  its  members  by  absolute  majority,  and  likewise  the 
Chamber  can  choose  a  second  vice-president  for  ]the  term  set  forth 
in  section  1.  In  case  the  president  does  not  belong  to  the  knighthood 
(article  129,  no.  2),  the  first  vice-president  must  be  taken  from  the 
nobility.  If  it  should  occur  by  a  change  in  the  person  of  the  presi- 
dent that  neither  the  president  nor  the  first  vice-president  belongs 
to  the  rank  of  nobility,  then  the  office  of  the  latter  becomes  vacant 
automatically  and  a  new  election  has  to  take  place. 

The  Chamber  of  the  Deputies  elects  by  absolute  majority  from 
among  its  midst  the  president  and  vice-president.  It  can  also  choose 
for  the  term  described  in  section  1  a  second  vice-president. 

If  no  absolute  majority  has  been  secured,  the  three  meml)ers  having 
received  the  largest  vote  are  to  be  voted  upon  in  a  second  ballot. 

If  no  absolute  majority  can  be  secured  in  the  second  ballot,  the 
two  members  who  have  received  the  greatest  number  of  votes  will  be 
placed  in  nomination  again,  and,  if  they  receive  in  the  third  ballot 
an  equal  number  of  votes,  lots  will  be  drawn  to  decide  the  election. 

As  long  as  no  president  or  vice-president  has  been  provided  for, 
or  in  case  they  are  unable  to  appear,  the  presidency  is  to  be  assumed 
by  the  member  oldest  in  age.  If  this  member  declines  to  serve,  the 
one  next  in  age  shall  take  charge. 

Each  of  the  two  Chambers  chooses  from  among  its  members  by 
plurality  vote  the  necessary  number  of  secretaries. 

The  King  shall  be  notified  as  to  all  elections. 

Art.  164a.^  Every  Chamber  adopts  its  order  of  business  within 
the  constitutional  limits. 

Arts.  165  and  166.« 

Art.  167.*  The  sessions  of  both  Chambers  are  public;  they  also 
have  to  publish  the  proceedings  in  print. 


1  Article  164,  sec.  2,  newly  framed  by  law  of  July  13,  1912  ;  sec.  3,  sentence  2.  added  by 
law  of  July  16,  1906,  article  2S  ;  the  rest  of  the  text  is  based  on  law  of  June  23,  1874, 
article  2,  as  well  as  wording  of  article  164a. 

2  For  article  164a  compare  note  to  article  104. 

3  Articles  165  and  166  revoked  by  law  of  June  23,  1874,  article  10;  also  articles  171 
and  174. 

*  Article  167,  sec.  1,  and  article  108,  sontence  2,  newly  framed  by  law  of  June  23,  1874, 
articles  4  and  5. 


468  coNSTirtJTioNS  of  the  gebman  states. 

Any  spectators  giving  a  sign  of  applause  or  disapprobation  shall 
be  removed  immediately. 

Art.  168.^  Meetings  shall  be  held  secretl}^  not  only  at  the  request 
of  ministers  or  Royal  Commissioners,  who  may  make  statements  in 
behalf  of  the  King  which  are  considered  of  official  character,  but 
also  on  the  motion  of  three  members  of  the  First  Chamber  and  at 
least  ten  members  of  the  Second  Chamber.  During  the  temporary 
absence  of  the  spectators,  the  majority  of  the  Chamber  shall  decide 
whether  the  meeting  shall  be  secret  or  not. 

Art.  169.^  The  ministers  as  well  as  the  Royal  Commissioners  may, 
in  view  of  the  matters  which  they  must  bring  before  the  Chamber, 
attend  and  take  part  in  the  deliberations  of  the  two  Chambers  and 
their  committees — as  long  as  no  confidential  meeting  has  been  called. 
They  can  also  be  accompanied  by  other  servants  of  the  State  who  are 
especially  familiar  with  the  matter  in  question. 

The  State  Ministry  is  to  be  notified  in  time  about  the  convening  of 
committees  and  the  order  of  its  business. 

xVrt.  170.  Delegations  cannot  be  admitted  by  the  Provincial  Diet  or 
be  assigned  without  the  consent  of  the  King. 

Art.  171.   [Rescinded  on  June  23,  1874.] 

Art.  172.^  The  right  to  propose  bills  belongs  to  the  King  as  w^ell 
as  to  the  two  Chambers. 

Bills  about  the  enactment  of  new  taxes,  the  issue  of  a  loan,  the 
fixing  of  the  State  budget  or  extraordinary  expenditures  can  only 
originate  from  the  King.  « Items  of  expenditure  can  not  be  increased 
over  the  amount  proposed  by  the  Government  for  that  purpose. 

Bills  proposed  by  members  of  one  of  the  Chambers  must  be  signed 
at  least  by  five  members  in  the  first  Chamber  and  by  fifteen  in  the 
second  Chamber. 

The  provisions  of  article  179,  sec.  1,  and  article  182  apply  to  resolu- 
tions passed  in  one  of  the  Chambers  in  i^egard  to  a  proposed  law. 

It  is  within  the  rights  of  the  Diet  to  ask  by  means  of  petition  for 
the  drafting  of  new  laws,  or  for  the  amending  or  the  annulment  of 
existing  laws.  ''       '^ 

The  King  alone  sanctions  and  proclaims  all  laws  after  the  State 
Ministry  has  been  heard  and  the  Provincial  Diet  has  given  its  consent. 

Art.  173.2  Royal  requests  have  to  be  referred  to  a  committee  be- 
fore the  Assembly  has  discussed  the  matter,  if  the  State  Ministry  de- 
mands such  action. 

Art.  174.* 

1  Article  167,  sec.  2,  and  article  168,  sentence  2,  newly  framed  by  law  of  .Tune  23,  1874, 
articles  4  and  5. 

^Compare  note  to  article  121). 

3  Article  172.  sees.  1-5,  newly  drawn  up  by  law  of  June  23,  1874,  article  6.  In  the  last 
section  the  Privy  Council  was  replaced  by  the  State  Ministry:  law  of  July  1.  187G, 
article  8. 

♦  For  article  174  compare  note  to  article  16') 


CONSTITUTION    OF    WURTTEMBERG.  469 

Art.  175.  The  necessary  qiioruni  is  required  in  both  Chambers  for 
the  passing  of  a  valid  resolution  (article  160). 

Art.  176.  The  resolutions  shall  be  passed  with  a  majority  of  votes, 
which  according  to  the  nature  of  the  matter  can  be  either  absolute 
or  relative.  In  case  of  a  tie  the  president  gives  the  decisive  vote. 
If  the  resolution,  however,  concerns  an  alteration  of  a  constitutional 
provision,  a  two-thirds  majority  of  the  members  present  is  required. 

Art.  177.  Matters  belonging  to  the  jurisdiction  of  the  Diet  are  to 
be  separately  discussed  b}^  the  two  Chambers,  but  confidential  con- 
ferences without  the  taking  of  minutes  or  passing  of  formal  resolu- 
tions can  be  held  jointly  to  straighten  out  differences  of  opinion. 

Art.  178.  It  depends  on  the  King  whether  he  wants  to  submit  bills 
or  suggestions  to  the  First  or  Second  Chamber,  except  appropria- 
tions to  be  made  from  taxes.  In  this  case  the  matter  must  always  be 
brought  before  the  Second  Chamber. 

Art.  179.  The  resolutions  passed  by  one  of  the  Chambers  will  be 
communicated  to  the  other  for  immediate  deliberation.  Only  re- 
garding the  right  of  petition  and  complaints,  as  well  as  in  case  of  a 
charge  relating  to  a  violation  of  the  Constitution  (article  199),  each 
Chamber  is  empowered  to  act  separately. 

Art.  180.  The  Chamber  to  which  the  resolution  passed  by  the 
other  has  been  communicated  may  reject  or  accept  same  either  uncon- 
ditionally or  in  modified  form. 

Art.  181.^  For  the  deliberations  and  the  voting  upon  the  main 
budget  (article  111)  the  following  provisions  prevail: 

(1)  The  main  budget  will  be  discussed  in  the  Second  Chamber, 
subject  to  article  110,  and  the  various  items  will  be  passed  upon. 

(2)  The  resolutions  of  the  Second  Chamber  will  then  be  communi- 
cated to  the  First  Chamber.  If  the  First  Chamber  decides  upon 
alterations  of  resolutions  passed  by  the  Second  Chamber,  then  the 
matter  will  be  referred  back  to  the  Second  Chamber  for  reconsidera- 
tion. If  after  a  review  of  the  matter  the  Second  Chamber  passes 
resolutions  different  from  those  passed  by  the  First  Chamber,  the 
resolution  of  the  Second  Chamber  prevails  and  is  to  be  declared  the 
resolution  of  the  entire  Provincial  Diet. 

The  levy  of  such  taxes  fixed  by  regular  legislation  shall  be  con- 
tinued, except  if  the  entire  budget  has  been  rejected — until  both 
Chambers  agree  upon  the  abolition  or  the  reduction  of  such  tax  meas- 
ure. A  joint  resolution  has  to  be  passed  by  the  Chambers  if  the  rate 
under  a  certain  tax  shall  be  increased. 

(3)  After  the  passing  of  the  several  items  of  the  budget  a  vote 
will  be  taken  on  the  entire  budget,  first  in  the  Second  Chamber  and 
then  in  the  First  Chamber.    If  the  First  Chamber  rejects  the  budget 

1  Compare  note  to  article  129. 


470  CONSTITUTIONS  OF   THE   GERMAN   STATES. 

passed  by  the  Second  Chamber,  the  affirmative  and  the  negative 
votes  of  both  Chambers  are  counted  together  and  the  resolution  is 
framed  accordingly.  If  the  vote  would  result  in  a  tie,  the  president 
of  the  Second  Chamber  has  the  decisive  vote. 

In  regard  to  resolutions  concerning  the  issue  of  new  loans  and  the 
sale  of  parts  of  the  domain  both  Chambers  have  equal  powers. 

Art.  182.  As  to  all  other  cases  the  principle  prevails  that  only  such 
resolutions  upon  which  both  Chambers  are  agreed  can  be  brought 
before  the  King  and  can  be  confirmed  by  him. 

Art.  183.  The  resolution  of  one  of  the  Chambers  rejected  by  the 
other  can  not  be  brought  up  again  in  the  same  session.  If  such  reso- 
lution should  be  renewed  at  the  next  session  of  the  Provincial  Diet, 
then  the  two  Chambers  will  hold  a  joint  confidential  conference  to 
consider  the  matter.  If  the  prevailing  differences  can  not  be  settled, 
the  King  shall  be  notified  of  the  failure  to  agree,  provided  the  subject 
has  been  brought  before  the  Chambers  by  the  King.  He  has  to  decide 
the  matter  in  that  case. 

Art.  184.^  No  member  of  the  Provincial  Diet  can  without  the  ap- 
proval of  the  body  be  arrested  in  a  criminal  action  or  detained  for 
investigation  unless  he  has  been  apprehended  in  the  commission  of 
the  crime  or  in  the  course  of  the  next  day. 

At  the  request  of  the  Chamber  every  penal  proceeding  against  a 
member  and  detention,  for  examination  will  be  suspended  as  long  as 
the  Diet  is  in  session. 

These  provisions  apply  also  to  members  of  the  Diet  being  called 
to  committee  meetings  for  the  time  of  these  deliberations.  The  rights 
described  in  sections  1  and  2  apply  also  to  the  Diet  Committee 
(article  190,  sec.  4,  sentence  1). 

Art.  185.2  No  member  of  the  Diet  can  be  prosecuted  at  any  time 
criminally  or  in  the  way  of  discipline  for  his  vote  or  any  utterance 
made  in  the  exercise  of  his  functions,  nor  can  he  be  held  responsible 
outside  of  the  Diet  meeting. 

If  however  a  member  of  the  Diet  uses  his  position  to  insult  or 
slander  the  Government,  the  Diet,  or  any  individual,  the  Chamber  may 
reprimand  such  a  member. 

Art.  186.^  The  King  opens  or  dismisses  the  session  of  the  Diet 
either  in  person  or  by  a  minister  empowered  for  that  purpose. 

The  King  also  has  the  right  to  adjourn  the  session  or  to  dissolve 
the  Diet  altogether. 

In  case  of  dissolution,  a  new  session  shall  be  called  not  later  than 
§ix  months  after  the  disbanding  of  the  other.  To  that  end  a  new 
election  of  the  elected  as  well  as  a  new  propositional  election  and  ap- 

^  Compare  note  to  artlclp  120. 

"Article  185  newly  drawn  up  by  law  of  Juno  23,   1874,  article  9.. 


CONSTITUTION  OF   WURTTEMBERG.  471 

pointment  of  the  members  described  in  article  129,  no.  T,  for  the  Diet 
is  required. 

Art.  187.  As  long  as  the  Provincial  Diet  is  not  in  session,  its 
powers  as  to  certain  matters  necessary  to  be  acted  npon  regularly 
are  delegated  to  a  committee. 

Art.  188.  In  that  respect  the  committee  has  the  duty  to  use  its 
powers  to  maintain  the  Constitution  and  keep  the  members  of  the 
Diet  residing  in  the  Kingdom  informed  as  to  important  matters. 
In  proper  cases  it  may  file  complaints  and  protests  with  the  highest 
State  authorities,  and,  when  circumstances  warrant  such  action, 
request  the  calling  of  a  special  meeting  of  the  ProA'incial  Diet,  if  it 
concerns  charges  against  ministers.  Such  petition  will  never  be 
denied  when  the  reasons  for  the  charges  and  the  urgency  of  the 
matter  have  been  explained  and  found  sufficient  to  act  upon. 

The  committee  must  furthermore  at  the  end  of  a  fiscal  year  within 
the  budget  period  examine  the  accounts  as  to  the  proper  use  of  the 
moneys  appropriated  (article  110)  and  confer  with  the  Minister  of 
Finance  about  the  future  budget.  The  committee  also  has  super- 
vision of  the  Debt  Redemption  Bureau. 

It  is  especially  within  its  province  to  consider  such  subjects  which 
properly  belong  before  the  Provincial  Diet,  as  new  legislation,  pre- 
pare the  same  for  the  Diet,  and  provide  for  the  execution  of  measures 
that  have  been  passed  by  that  body. 

Art.  189.  The  committee  can,  however,  not  act  upon  any  matter 
which  requires  the  action  of  the  Provincial  Diet.  It  cannot  pass  any 
law,  make  tax  appropriations,  incur  any  debts,  or  proceed  in  regard 
to  military  conscription.     It  can  only  prepare  measures. 

Art.  190.^  The  Diet  Committee  consists  of  twelve  members,  namelv, 
the  presidents  of  both  Chambers,  two  members  from  the  first  and  eight 
from  the  Second  Chamber.  The  election  is  conducted  by  the  Chambers 
in  joint  meeting,  assembled  for  that  purpose.  The  members  are  chosen 
by  plurality  and  serve  from  one  regular  session  to  the  other  (three 
years).     The  King  has  to  be  notified  as  to  the  election. 

A  committee  member  retiring  in  the  meantime  will  be  replaced  in 
the  next  meeting  of  the  Diet.  Until  that  time  the  member  of  the 
Diet  w^ho  received,  in  the  last  committee  election,  the  most  votes  after 
the  elected  takes  the  place  of  the  one  retiring. 

If  the  presidents  are  unable  to  appear,  the  vice-presidents  take 
their  places;  if  the  latter  are  already  members  of  the  committee,  their 
places  will  be  filled  as  defined  before. 

Six  members  of  the  committee,  the  presidents  of  both  Chambers 
included,  must  be  in  Stuttgart.    The  other  six  members  may  reside 

1  Compare  the  authentic  explanation  of  June  6,  1855,  in  accordance  with  which  at  the 
elections  conducted  by  both  Chambers  of  the  Diet  a  plurality  of  votes  is  sufficient. 


472  CONSTITUTIONS   OF   THE   GERMAN   STATES. 

elsewhere  and  shall  be  called  by  the  other  membei-s  as  often  as  cir- 
cumstances require  this. 

Art.  191.  At  every  meeting  of  the  Diet  the  committee  has  to  give 
an  accounting  about  everything  that  has  been  acted  upon  in  the 
meantime. 

Art.  192.  The  functions  of  the  committee  cease  when  the  Diet 
reconvenes  and  will  continue  after  the  adjournment  of  the  Chambers 
or  after  closing  of  a  special  session  of  same. 

After  the  dissolution  of  each  Diet  or  after  dismissal  of  the  regular 
Diet  a  new  conunittee  must  be  chosen.  The  former  members  are 
eligible.  The  Diet  has  permission  to  hold  this  meeting  even  after 
a  dissolution. 

Should  extraordinary  circumstances  make  it  impossible  for  them 
to  hold  this  meeting,  then  the  erstwhile  members  or  their  substitutes. 
as  far  as  they. are  members  of  the  Diet,  assume  again  their  functions 
as  members  of  the  executive  committee. 

Art.  193.^  The  Diet  bureau  consists,  besides  the  officials  of  the  De- 
partment for  the  Redemption  of  Debts,  of  the  recorder,  a  director  of 
the  chancery  for  each  Chamber  and  the  clerks  required.  The  heads 
of  the  chancery  act  as  secretaries  for  the  committee. 

The  joint  Chambers  elect  the  officials  of  the  bureau  for  debt  re- 
demption, serving  for  life,  and  the  officials  of  the  two  Chambers, 
also  serving  for  lifetime,  will  be  chosen  by  the  Chambers  they  are 
working  for.  The  other  officials  of  the  sinking  fund  will  be  employed 
and  dismissed  by  the  superior  administrating  authorities  and  the 
other  officials  of  the  Chambers  by  the  presidents. 

The  appointment  of  all  officials  chosen  for  lifetime  has  to  be  sub- 
mitted to  the  King  for  confirmation,  with  the  exception  of  the  clerks 
of  whose  appointment  he  only  receives  notice. 

The  status  of  the  Diet  officials  is  governed  in  every  other  respect 
by  the  laws  regarding  the  Royal  officials. 

All  the  employees  of  the  Provincial  Assembly  are,  if  the  Chambers 
are  not  in  session,  under  the  authority  of  the  committee,  which  has 
also  to  provide  for  the  administrators  that  may  be  required. 

Art.  194.^  The  exj^enses  of  the  Diet  are  to  be  defrayed  by  a  sepa- 
rate treasury  and  the  amount  to  be  set  aside  therefor  is  embodied  in 
the  budget  and  will  be  turned  over  to  the  Diet  by  the  Minister  of 
Finance  in  regular  instalments  to  cover  the  expenses  of  the  Assembly. 

Among  these  are  the  indemnities,  daily  allowances  and  traveling 
expenses  of  the  members  of  the  Diet,  the  payment  of  the  employees 
and  awarding  of  money  to  those  who  have  carried  out  orders  of  the 
Diet.  The  maintenance  of  a  library,  expenses  of  the  clerical  force, 
and  other  expenditures  are  also  included  in  the  budget. 

1  Articles  193  and  194,  sections  2  and  4,  were  revised,  and  section  5  was  rescinded 
by  law  of  July  16,   1906,  article  30. 


CONSTITUTION    OF   WURTTEMBERG.  473 

The  annual  financial  statement  showing  in  detail  all  receipts  and 
di-sbursements  will  be  examined  by  a  special  committee  of  the  Diet 
and  will  then  be  laid  before  the  Diet  meeting  for  approval.  Every 
member  of  the  Diet  can  demand  a  personal  inspection  of  the 
accounting. 

The  amount  of  indemnities,  daily  allowances,  and  traveling  ex- 
penses which  the  members  of  the  Diet,  including  the  members  of  the 
committee,  are  entitled  to,  are,  according  to  the  constitutional  pro- 
vision, defined  by  law. 

Tenth  Chapter — The  State  Court. 

Art.  195.  As  a  legal  safeguard  of  the  Constitution  a  State  Court 
has  been  established.  This  tribunal  has  jurisdiction  in  regard  to  all 
endeavors  aiming  at  the  overthrow  of  the  Constitution  and  the  vio- 
lation of  separate  provisions  of  the  same. 

Art.  196.  The  State  Court  consists  of  a  president,  chosen  by  the 
King  from  among  the  presiding  judges  of  the  higher  court,  and  of 
twelve  judges,  of  which  half  are  to  be  appointed  by  the  King  from 
these  tribunals  and  the  other  half  as  well  as  three  substitutes 
chosen  by  a  joint  meeting  of  the  Chambers  of  the  Diet,  but  not 
from  their  ranks. 

Among  the  Diet  members  there  nmst  be  at  least  two  lawyers,  who 
can  be  taken  from  among  the  Royal  State  servants,  provided  the  con- 
sent of  the  King  has  been  secured  for  that  purpose.  The  members 
must  also  possess  all  qualifications  required  for  members  of  the  Diet. 

The  chancery  staff  will  be  taken  from  the  Supreme  Court. 

Art.  197.  All  judges  are  especially  pledged  to  the  performance 
of  their  duties  and  can,  just  as  other  judicial  officials,  only  be  removed 
by  a  regular  decision.  If  one  of  the  judges  appointed  by  the  Diet 
accepts  a  State  position,  he  ceases  to  be  a  member  of  the  State  Court ; 
he  can,  however,  be  reelected  by  the  Diet.  A  member  of  that  court 
appointed  by  the  King  has  also  to  resign  his  position  in  tlie  State 
tribunal  if  he  retires  from  his  other  judgeship. 

Art.  198.  The  court  assembles  at  the  call  of  its  president,  and  he 
must  issue  such  call  if  he  receives  an  order  from  the  King  counter- 
signed by  the  minister  to  that  effect  or  from  one  of  the  Chambers 
through  its  president,  giving  the  reason  for  action. 

The  court  disbands  when  the  trial  has  been  finished.  The  president 
has  to  provide  for  the  execution  of  its  findings  and  to  assemble  the 
€Ourt  again  if  further  action  seems  necessary. 

Art.  199.  An  indictment  before  the  State  Court  in  an  aforesaid 
action  (article  195)  can  be  found  by  the  Government  against  indi- 
vidual members  of  the  Diet  and  the  committee  and  by  the  Diet 


474  CONSTITUTIONS  OF   THE  GERMAN   STATES. 

against  the  ministers  and  heads  of  department,  as  well  as  against 
superior  officials  of  the  Diet.  Other  servants  of  the  State  can  not  be 
indicted  by  this  tribunal  except  for  violation  of  the  provision  con- 
tained in  article  53. 

Prosecution  and  defense  are  conducted  publicly.  The  records  will 
be  published  along  with  the  vote  and  the  decision  in  print. 

Art.  200.  If  it  is  deemed  necessary  to  appoint  investigators  to- 
make  inquiries,  the  court  selects  the  same  from  among  the  judges  of 
the  Criminal  Court.  A  Eoyal  and  a  Diet  member  of  the  court  have 
to  attend  the  investigation. 

Art.  201.  At  every  trial  two  referees  must  be  designated.  If  one 
of  them  is  a  Royal  judge  the  coreferee  must  be  a  judge  appointed  by 
the  Diet,  or  vice  versa. 

Art.  202.  At  every  decision  to  be  rendered  an  equal  number  of 
Soyal  and  Diet  judges  must  attend.  If  by  any  chance  an  unequal 
number  of  the  two  ranks  of  justices  should  sit  and  a  substitute  can 
not  be  procured  at  the  time,  the  youngest  among  the  judges  of  the 
class  which  is  more  numerously  represented  shall  retire;  but  the 
number  of  judges  shall  never  be  less  than  ten. 

If  the  presiding  judge  is  unable  to  appear,  the  first  Royal  judge 
takes  his  place. 

The  President  has  no  vote;  in  case  of  an  equal  number  of  votes^ 
the  side  more  favorable  to  the  indicated  person  prevails. 

Art.  203.  The  court  can  only  pronounce  reprimands  and  fines,  as 
well  as  suspend  and  remove  from  office  and  exclude  temporarily  or 
permanently  from  the  Diet. 

If  the  court  imposes  the  maximum  penalty  within  its  jurisdiction 
without  exempting  the  defendant  of  further  prosecution,  the  regular 
court  may  bring  suit  against  the  convicted  person. 

Art.  204.  There  is  no  appeal  -from  the  sentence  of  the  State  Court : 
the  only  legal  remedy  is  a  review  of  the  case  and  hereby  the  annul- 
ment of  same. 

Art.  205.  The  King  will  never  hinder  the  investigation  or  extend 
his  right  of  pardon  to  keep  State  employees,  removed  by  the  order  of 
the  court,  in  office.  He  will  also  never  provide  for  such  convicted 
servant  of  the  State  by  having  him  appointed  to  some  other  judicial 
or  administrative  position,  except  if  the  decision  contains  a  clause 
by  which  this  may  be  done. 

In  view  of  the  fact  that  the  aforesaid  provisions  now  represent  the 
State  fundamental  Constitution  of  our  Kingdom,  we  vow  by  our 
Royal  dignity  for  us  and  our  successors  in  the  reign  not  only  to 
uphold  and  maintain  firmly  and  inviolably  the  present  contract  for 
ourselves  but  to  guard  it  also  against  all  infractions  and  violations 
and  to  keep  it  in  force. 


CONSTITUTION    OF   WUETTEMBERG.  475 

To  acknowledge  this  we  have  signed  it  with  our  own  hand  and 
caused  our  great  Royal  seal  to  be  attached  to  it. 

So  done  in  our  capital  and  residential  city  Stuttgart  on  the  25th 
day  of  the  month  of  September  in  the  one  thousand  eight  hundred 
and  nineteenth  year  and  the  third  year  of  our  reign. 

(Signed)  WILHELM. 

[L.  8.] 

By  order  of  the  King,  the  Secretary  of  State : 

(Signed)     Bellnagel. 


APPENDIX 


ALSACE-LORRAINE. 

German  Law  Respecting  the  Union  of  Alsace  and  Lorraine  with 
THE  German  Empire. 

Berlin,  June  P,  ISri."^ 

We,  Wilhelin,  by  the  grace  of  God,  German  Emperor,  King  of 
Prussia,  etc.,  decree  herewith,  in  the  name  of  the  German  Empire 
and  with  the  assent  of  the  Bundesrat  and  of  the  Reichstag,  as  follows : 

Section  1.  The  districts  of  Alsace  and  Lorraine,  ceded  by  France 
according  to  Article  I  of  the  preliminary  peace  of  February  26,  1871, 
beconie  between  the  limits  fixed  by  Article  I  of  the  treaty  of  peace 
of  May  10,  1871,  and  the  third  supplementary  article  of  that  treaty, 
united  forever  with  the  German  Empire. 

Sec.  2.  The  Constitution  of  the  German  Empire  comes  into  force 
in  Alsace  and  Lorraine  on  January  1,  1873.  By  decree  of  the  Em- 
peror, with  the  assent  of  the  Bundesrat,  single  parts  of  the  Con- 
stitution can  be  earlier  introduced. 

The  needful  alterations  in  and  complements  to  the  Constitution 
require  the  assent  of  the  Reichstag. 

Article  3  of  the  Constitution  of  the  Empire  comes  at  once  into 
force. 

Sec.  3.2 

Witness  our  supreme  sign  manual  and  Imperial  great  seal  hereon 
impressed. 

Given  at  Berlin,  June  9, 1871. 

[L.S.]  WILHELM. 

Prince  v.  Bismarck. 


German  Law  on  the  Introduction  of  the  Constitution  of  the 
German  Empire  into  Alsace-Lorraine. 

Babelsberg,  June  26^  1873,^ 
We,  Wilhelm,  by  the  grace  of  God,  German  Emperor,  King  of 
Prussia,  with  the  concurrence  of  the  Bundesrat  and  of  the  Reichstag, 
decree  by  these  presents,  in  the  name  of  the  German  Empire,  as 
follows: 

^  Based  on  the  version  found  In  67  British  and  Foreign  State  Papers,  pp.  1160-1161. 
Compared  with  Stoerk-Rauchhaupt,  pp.  535-536. 

2  Sections  3  and  4  were  repealed  by  law  of  May  31,  1911. 

"  Translated  by  George  D,  Gregory  from  the  French  version  of  67  British  and  Foreign 
atate  Papers,  pp.   1162-1164.     Compared  with  Stoerlc-Rauchhaupt,  pp.  536-537. 

476 


CONSTITUTION  OF  ALSACE-LORRAINE.  477 

Article  1.  The  German  Constitution  of  April  16, 1871,  as  amended 
by  the  laws  of  February  24,  1873,  and  March  3,  1873,  shall  go  into 
effect  in  Alsace-Lorraine  on  January  1,  1874,  as  may  be  seen  from 
Annex  I,  without  prejudice,  however,  to  the  validity  of  the  provisions 
already  introduced  and  those  contained  in  articles  2,  3,  4,  and  5  of 
the  present  law. 

Art.  2.  The  Imperial  territory  of  Alsace-Lorraine  shall  be  joined 
to  the  territory  of  the  Empire  designated  in  article  1  of  the  Con- 
stitution. 

Art.  3.  Until  the  legal  regulation  reserved  by  article  20  of  the  Con- 
stitution Alsace-Lorraine  shall  elect  15  deputies  to  the  German 
Reichstag. 

Art.  4.  The  tax  on  domestic  beer,  mentioned  in  article  35  of  the 
Constitution,  is  reserved  to  internal  legislation  until  further  orders. 

Alsace-Lorraine  has  no  share  in  the  revenue  tax  on  beer,  which  is 
paid  into  the  treasury  of  the  P^mpire,  nor  in  the  reimbursement  pro- 
portional to  the  revenue  mentioned  in  article  38,  section  3. 

Art.  5.  The  restrictions  upon  the  levying  of  taxes  on  account  of 
the  communes,  in  conformity  with  article  5  of  the  customs  union 
treaty  of  July  8,  1867  (article  40  of  the  Constitution),  do  not  apply 
to  the  provisions  now  in  force  in  Alsace-Lorraine  with  regard  to  city 
tolls  {octroi). 

Art.  6.  The  electoral  law  of  May  31,  1869,  for  the  German  Reichs- 
tag shall  go  into  effect  in  Alsace-Lorraine  on  January  1,  1874,  in  ac- 
cordance with  the  conditions  of  the  law  of  April  16. 1871  (Annex  II). 

The  limitation  of  electoral  districts  provided  for  by  article  6  of 
the  electoral  law  is  effected  by  a  decision  of  the  Bundesrat  until  a 
new  Imperial  law  is  enacted. 

Art.  7.  Whenever  there  is  a  question  in  the  laws  of  the  North 
German  Confederation  already  introduced  into  Alsace-Lorraine  and 
declared  laws  of  the  Empire  by  article  2  of  the  law  of  April  16, 
1871,  of  the  North  German  Confederation,  of  its  Constitution,  of  its 
territory,  of  its  members  or  its  States,  of  its  citizenship,  of  its  con- 
stitutional organs,  its  subjects,  its  officials,  it  flags,  etc.,  the'  German 
Empire  and  its  corresponding  relations  are  to  be  understood. 

The  same  provision  applies  to  the  laws  made  by  the  North  German 
Confederation  which  shall  hereafter  be  introduced  into  Alsace-Lor- 
raine. 

Art.  8.1 

In  faith  whereof  we  have  signed  these  presents  and  have  thereto 
affixed  the  Imperial  seal. 

Given  at  the  Castle  of  Babelsberg,  June  25,  1873. 

[l.s.]  WILHELM. 

Prince  v.  Bismarck. 


Article  S  was  rescinded  by  law  of  May  31,  1911. 


478  APPENDIX. 

Annex  I. 

Tenor  of  the  Constitution  of  the  Empire,  with  the  provision  that 
article  4,  no.  9,  shall  read : 

9.  Navigation  by  raft  or  boat  on  the  waters  common  to  several 
States,  the  condition  of  these  waters,  and  the  taxes  laid  upon  the 
navigation  of  rivers  and  others,  as  well  as  the  signals  in  use  in  navi- 
gation (lights,  tun  buoys,  beacons,  and  day  signals). 

That  article  28  shall  read : 

The  Reichstag  decides  by  an  absolute  majority.  To  give  its  de- 
cisions legal  force  the  majority  of  the  legal  number  of  its  members 

must  be  present. 

Annex  II. 

Tenor  of  the  electoral  law  of  May  31,  1869,  with  the  provision  that 
the  introductory  portion  shall  read: 

Every  German  who  has  attained  the  age  of  25  is  an  elec- 
tor for  the  German  Reichstag  in  the  P^ederal  district  in  which  he 
resides. 

That  the  beginning  of  article  4  read : 

Every  German  is  eligible  for  election  as  deputy  throughout  the 
Federal  territory,  who,  etc. 


Law  Concerning  the  Constitution  and  Administration  of  Alsace- 
Lorraine.^ 

July  4,  1879.2 

We,  Wilhelm,  by  God's  gi*ace,  German  Emperor,  King  of  Prussia, 
etc., 

Decree  in  the  name  of  the  Empire  and  with  the  consent  of  the 
Bundesrat  and  the  Reichstag  as  follows : 

3.  The  office  of  Imperial  Chancellor  for  Alsace-Lorraine  and  the 
office  of  the  First  President  are  abolished.  For  the  execution  of  the 
duties  formerly  devolving  upon  the  first-named  official  and  the  Im- 
perial Board  of  Justice  in  governing  the  Imperial  Territory  {Reichs- 
land) ,  as  well  as  for  the  execution  of  the  former  duties  of  the  First 
President,  a  Ministry  for  Alsace-Lorraine  shall  be  formed,  which 
shall  have  its  seat  at  Strassburg  and  over  which  a  Secretary  of  State 
shall  preside. 

5.  The  Ministry  for  Alsace-Lorraine  shall  be  divided  into  sections. 
Each  section  shall  be  presided  over  by  an  Under-Secretary  of  State. 
The  Secretary  of  State  may  be  assigned  to  a  section.  P'urther  details 
concerning  the  organization  of  the  Ministry  shall  be  arranged  by  an 
Imperial  Decree. 

^  Translation  based  on  Stoerk-Rauchhaupt,  pp.  537-538. 

3  Reichs-Gesetzblatt,  p.  165  flf.  Articles  1,  2,  4,  7.  9,  10,  12-21,  and  22,  sontencp  2,  were 
rescinded  by  article  27  of  the  Constitution  of  May  31,  1911. 


CONSTITUTION   OF   ALSACE-LOKBAINE.  479 

6.  The  Secretary  of  State,  the  Under-Secretaries  of  State,  and  the 
<!Ouncill()rs  of  the  Ministry  ghall  be  appointed  by  the  Emperor,  sub- 
ject to  the  approval  of  the  governor  {Statthalter) ;  the  other  higher 
officials  of  the  Ministry  shall  be  appointed  by  the  governor,  the  siib- 
<irdinates  and  pett}^  officials  by  the  Secretary  of  State. 

The  provisions  of  articles  25  and  35  of  the  law  of  March  31,  18T3, 
<-oncerning  the  legal  status  of  Imperial  officials  {Gesetzhlatt  filr 
Elsass-Lothringen^  p.  479)  apply  to  the  Secretary  of  State  and  to 
the  Under-Secretaries. 

All  officials  of  the  Ministry  are  national  officials  in  the  construc- 
tion of  the  law  of  December  23,  1873,  concerning  the  legal  status  of 
officials  and  teachers.     {Gesetzhlatt  fur  Elsass-Lothiingen^  p.  479.) 

8.  The  powers  of  the  Bundesrat,  described  in  articles  5,  39,  52, 
iind  08  of  the  aforementioned  law  of  March  31,  1873,  devolve  upon 
the  Ministry  as  far  as  they  concern  national  officials.  Furthermore, 
the  consent  of  the  Bundesrat.  which  was  required  according  to  article 
18  of  the  same  law,  as  well  as  by  article  2  of  the  law  of  October  15, 
1873,  concerning  safeguards  for  State  officials,  conmiunitie^,  and 
public  institutions  {Gesetzhlatf  fiir  Ehass-Lothri/ngen,  p.  273),  is 
no  longer  necessary. 

11.  The  members  of  the  Imperial  Council  in  Alsace-Lorraine 
(article  8  of  the  law  of  December  30,  1871)  shall  until  further  notice 
be  appointed  to  the  number  of  10  by  Imperial  Decree. 

22.  The  GesetzUatt  for  Alsace-Lorraine,  law  of  July  3,  1871  {Ge- 
setzblatt  fiir  Elsass-Lothringen^  p.  2),  shall  be  published  by  the 
Ministry  at  Stras3burg. 

23.  The  date  on  which  this  law  shall  come  into  force  shall  be 
announced  by  an  Imperial  decree. 

Done  under  our  own  hand  and  sealed  with  the  Imperial  seal. 
Given  at  Bad  Ems  on  this  4th  day  of  July,  1879. 
[L.S.]  "  WILHELM. 

Prince  von  Bismarck. 


Law  of  the  Constitution  of  Alsace-Lorraine.^ 
May  31,  1911. 

We,  Wilhelm,  by  the  grace  of  God.  (ierman  Emperor,  King  of 
Prussia,  etc.. 

In  the  name  of  the  Empire,  by  and  with  the  consent  of  the 
Bundesrat  and  the  Reichstag,  order  as  follows : 

Article  1.  The  following  provision  shall  be  inserted  into  the  Im- 
perial Constitution  as  article  6  a : 

Alsace-Lorraine  shall  carry  3  votes  in  the  Bundesrat,  so  long 
as  the  provisions  contained  in  article  2,  sections  1  and  2,  paragraphs 

*  Based  on  the  version  found  in  105  British  and  Foreign  fitate  Papers,  pp.  625-683. 
Compared  with  Stoerk-Rauohhaupt,  pp.  580-^544. 


480  APPENDIX. 

1  and  3,  of  the  law  of  the  Constitution  of  Alsace-Lorraine  of  May  31. 
1911,  remain  in  force. 

The  votes  of  Alsace-Lorraine  shall  not  be  counted  if  the  addition 
of  these  Azotes  alone  would  give  the  majority  to  the  presidential  vote 
or  would  give  it  the  casting  vote  as  contemplated  in  article  7,  para- 
graph 3,  sentence  3.  The  same  proviso  shall  hold  good  in  voting  upon 
resolutions  making  alterations  in  the  Constitution. 

Alsace-Lorraine  is  to  be  understood  to  be  a  Federal  State  in  the 
sense  of  article  6,  section  2,  and  of  articles  7  and  8. 

2.  Alsace-Lorraine  shall  receive  the  following  Constitution: 

Section  1.  The  Emperor  shall  exercise  sovereign  powers  in  Alsace- 
Lorraine. 

Sfx.  2.  At  the  head  of  the  Government  of  the  country  shall  be  a 
governor  {S tatt halter) ,  who  shall  be  appointed  and  recalled  by  the 
Emperor,  the  order  being  countersigned  by  the  Imperial  Chancellor. 

The  governor  shall  have  in  particular  those  functions  and  powers 
which  were  assigned  to  the  Imperial  Chancellor  in  matters  regarding 
Alsace-Lorraine  by  laws  and  decrees  before  the  law  concerning  the 
(Constitution  and  administration  of  Alsace-Lorraine  of  July  4,  1879. 
came  into  force.  (See  Reichs-Gesetzhlatt^  p.  165.)  He  shall  be 
entitled  to  call  out  the  troops  quartered  in  Alsace-Lorraine  for  police 
duty. 

The  governor  shall  nominate  and  instruct  the  plenipotentiaries  to 
the  Bundesrat. 

The  decrees  and  regulations  of  the  Emperor  shall  only  be  valid 
when  countersigned  by  the  governor,  who  thereby  assumes  responsi- 
bility for  them. 

The  governor  shall  reside  in  Strassburg. 

Sec.  3.  The  Emperor  may  delegate  sovereign  powers  to  the  gov- 
ernor. The  scope  of  such  powers  shall  be  determined  in  an  Imperial 
order,  which  must  be  countersigned  by  the  Imperial  Chancellor. 

The  orders  and  regulations  issued  by  the  governor  by  right  of  the 
sovereign  powers  vested  in  him  shall  only  be  valid  when  counter- 
signed by  the  Secretary  of  State,  who  thereby  assumes  responsibility 
for  them. 

Sec.  4.  The  governor  shall  be  represented  by  the  Secretary  of  State 
in  all  cases  where  there  is  no  question  of  the  exercise  of  sovereign 
powers.  The  Secretary  of  State,  when  representing  the  governor^ 
shall  have  rights  and  bear  responsibility  to  the  same  extent  as  repre- 
sentatives ot  the  Imperial  Chancellor  under  the  terms  of  the  law 
of  March  17,  1878.    {Reichs-Gesetzhlatt,  p.  7.) 

The  right  of  performing  in  person  any  official  act  which  falls 
within  this  sphere  shall  be  reserved  to  the  governor. 

Sec.  5.  Local  laws  for  Alsace-Lorraine  shall  be  made  by  the  Em- 
peror, with  the  consent  of  the  Diet,  which  consists  of  tSvo  Chambers. 


CONSTITUTION   OF   ALSACE-LORRAINE.  481 

Every  law  shall  require  the  agreement  of  the  Emperor  and  of  both 
Chambers. 

The  Emperor  shall  complete  the  laws  and  order  their  promulgation. 
If  no  date  is  fixed  in  the  law  promulgated  for  its  provisions  to  come 
into  force,  then  that  law  shall  come  into  force  on  the  fourteenth  day 
after  the  expiration  of  the  day  on  which  the  number  of  the  Gesetz- 
hlatf  for  Alsace-Lorraine  containing  the  same  is  published  in  Strass- 
burg. 

The  Alsace-Lorraine  budget  shall  be  provided  for  annually  by  law. 
The  bills  providing  for  the  annual  budget  of  Alsace-Lorraine  shall 
be  first  submitted  to  the  Second  Chamber,  and  the  First  Chamber 
shall  accept  or  reject  them  in  tofo  in  the  draft  of  the  budget.  In-, 
creases  in  the  items  of  expenditure  over  and  above  the  amount  of  the 
sums  proposed  by  the  Government  of  Alsace-Lorraine  which  have  not 
been  provided  for  can  not  be  inserted  in  the  budget  by  the  Second 
Chamber  without  the  consent  of  the  Government. 

Taxes  and  duties  for  the  State  treasury  may  be  raided  only  if  they 
are  included  in  the  budget  or  sanctioned  by  special  laws.  After  the 
expiration  of  a  financial  year,  until  a  new  budget  law  comes  into  force, 
the  Government  of  Alsace-Lorraine  shall  be  empowered  to  issue 
treasury  bonds,  in  so  far  as  the  receipts  from  those  taxes  and  duties 
which  are  based  upon  special  laws  do  not  suffice  to  meet  the  legal  obli- 
gations of  the  treasury  of  Alsace-Lorraine,  to  carry  on  public  works 
which  are  being  executed  in  accordance  with  an  estimate  laid  before 
the  Diet  and  approved  by  it,  and  to  maintain  and  carry  on  the  legally 
existing  institutions. 

Sec.  6.  The  following  shall  be  members  of  the  First  Chamber : 

1.  The  Bishops  of  Strassburg  and  Metz,  and  during  the  vacancy  of 
one  of  their  sees,  the  3enior  Vicar-General ; 

The  President  of  the  Upper  Consistory  of  the  Church  of  the  Augs- 
burg Confession ; 

The  President  of  the  Synod  of  the  Reformed  Church ; 
The  President  of  the  Supreme  Court  at  Colmar. 

2.  A  representative  of  the  Emperor  Wilhelm  University  at  Strass- 
burg, elected  by  a  plenary  assembly  of  the  University  from  among 
those  professors  in  ordinary  who  are  under  an  obligation  to  deliver 
lectures  and  to  undertake  offices  in  the  University  ; 

A  representative  of  the  Israelite  Consistory,  elected  by  the  members 
of  the  consistory  from  among  their  number ; 

A  representative  of  each  of  the  towns  of  Strassburg,  Metz,  Colmar, 
and  Miilhausen,  elected  by  the  municipal  councillors  of  these  towns 
from  among  their  number ; 

A  representative  elected  by  each  of  the  Chambers  of  Commerce  of 
Strassburg,  Metz,  Colmar,  and  Miilhausen; 
92975—19 31 


482  APPENDIX. 

Tayo  representatives  from  each  of  the  Agricultural  Councils  of  the 
districts  of  Upper  Alsace,  Lower  Alsace,  and  Lorraine.  These  rep- 
resentatives must  be  persons  who  are  actively  employed  in  agricul- 
ture as  their  chief  occupation,  and  one  of  the  representatives  from  each 
district  must  be  a  peasant  proprietor. 

Two  representatives  elected  by  the  Chamber  of  Craftsmen  of  Strass- 
burg. 

3.  Certain  subjects  of  the  Empire  resident  in  Alsace-Lorraine  nomi- 
nated by  the  Emperor  at  the  instance  of  the  Bundesrat.  The  num- 
ber of  the  members  nominated  by  the  Emperor  may  not  be  superior 
to  that  of  the  members  not  so  nominated. 

The  election  of  the  members  mentioned  in  section  2  shall  be  car- 
ried out  in  accordance  with  the  provisions  of  an  Imperial  electoral 
order  which  will  be  promulgated.  Only  those  persons  shall  be  eligi- 
ble who  are  subjects  of  the  Empire,  have  their  residence  in  Alsace- 
Lorraine,  and  are  at  least  30  years  of  age. 

Three  representatives  of  the  working  class  shall  be  added  to  those 
members  named  in  section  2,  as  soon  as  the  legislation  of  Alsace-Lor- 
raine or  that  of  the  Empire  shall  have  provided  for  the  creation  of  a 
body  representing  workmen  to  whom  the  election  of  these  representa- 
tives can  be  committed. 

The  membership  of  the  elected  and  nominated  members  shall  con- 
tinue for  five  years  from  the  day  on  which  they  are  officially  notified 
of  their  election  or  nomination.  It  shall  terminate  before  the  expira- 
tion of  this  period  if  the  member  no  longer  possess  the  legal  qualifica- 
tions for  the  appointment,  or  upon  the  dissolution  of  the  First 
Chamber. 

Sec.  7.  The  Second  Chamber  shall  be  elected  on  general  direct  suf- 
frage by  secret  ballot  under  the  terms  of  an  electoral  law. 

Sec.  8.  The  deputies  of  the  Second  Chamber  shall  be  elected  anew 
every  ^xe  years. 

The  elections  for  all  the  deputies  shall  be  held  together  on  the  samo 
day,  which  shall  be  fixed  by  a  decree  of  the  governor  and  published 
in  the  Gesetzhlatt  for  Alsace-Lorraine. 

The  functions  of  a  deputy  cease  when  five  years  have  elapsed  from 
the  day  of  the  general  election. 

Sec.  9.  Petitions  against  the  validity  of  the  election  of  members 
of  the  Diet  shall  be  decided  by  the  supreme  administrative  court, 
and",  until  the  latter  is  established,  by  a  senate  of  the  Supreme  Court 
of  Alsace-Lorraine. 

A  petition  may  be  filed  by  any  voter  who  has  been  entitled  to  take 
part  in  the  election  disputed,  and  also  in  the  case  of  elections  to  the 
Second  Chamber  by  any  candidate  who  obtained  votes  in  the  election. 
The  petition  must  be  filed  and  defended  before  the  court  mentioned 


CONSTITUTION   OF  ALSACE-LORBAINE.  483 

in  paragraph  1  within  14  days  of  the  official  notification  of  the  result 
of  the  election. 

The  documents  concerning  the  election  of  its  own  members  shall 
be  laid  before  each  of  the  Chambers. 

Doubts  arising  as  to  the  existence  of  the  legal  qualifications  for 
membership  shall  be  referred  by  the  Chamber  to  which  the  member 
belongs  to  the  decision  of  the  court  mentioned  in  paragraph  1. 

Sec.  10.  Officials  shall  not  require  leave  to  enable  them  to  enter  the 
Diet. 

If  a  member  of  the  Second  Chamber  accepts  a  salaried  post  under  the 
Empire  or  the  State,  or  if,  being  already  in  the  service  of  the  Empire  or 
the  State,  he  enters  upon  an  office  to  which  a  higher  rank  or  a  higher 
salary  is  attached,  then  he  shall  lose  his  seat  and  his  vote,  and  can 
only  regain  them  both  by  a  new  election. 

Sec.  11.  The  Chambers  shall  be  summoned,  opened,  adjourned, 
closed,  and  dissolved  by  the  Emperor. 

Both  Chambers  shall  be  summoned,  opened,  adjourned,  and  closed 
at  the  same  time. 

The  Diet  shall  be  summoned  every  year. 

If  one  Chamber  only  be  dissolved,  its  dissolution  shall  entail  the 
close  of  the  session  of  the  other. 

Sec.  12.  Except  by  its  own  consent  the  Diet  may  not  be  adjourned 
for  more  than  30  days  at  a  time,  and  not  more  than  once  during  the 
same  session. 

The  Diet  must  reassemble  within  90  days  after  a  dissolution. 

Sec.  13.  Each  Chamber  shall  regulate  the  conduct  of  its  business 
and  its  discipline  by  a  standing  order,  and  elect  its  own  president, 
vice-presidents,'-and  clerks. 

Sec.  14.  Members  of  the  Diet  upon  entering  the  Chamber  shall 
swear  obedience  to  the  Constitution  and  allegiance  to  the  Emperor. 

Members  will  not  be  allowed  to  exercise  their  functions  unless  they 
have  taken  this  oath. 

Sec.  15.  The  proceedings  of  the  Diet  shall  be  public.  Business 
shall  be  conducted  in  the  German  language. 

No  liability  shall  be  incurred  by  the  publication  of  verbatim  re- 
ports of  proceedings  in  public  sessions. 

Sec.  16.  Within  the  sphere  of  the  legislation  of  Alsace-Lorraine, 
both  the  Emperor  and  each  of  the  two  Chambers  have  the  right  to 
propose  laws. 

Bills  which  have  b^en  rejected  by  one  of  the  Chambers  or  by  the 
Emperor  can  not  be  introduced  again  during  the  same  session. 

Each  Chamber  shall  have  the  right  to  address  interpellations  to 
the  Government,  and  to  transmit  to  the  Government  petitions  which 
have  been  addressed  to  it. 


484  APPENDIX. 

Sec.  it.  The  members  of  the  Ministry  and  the  officials  deputed  as 
their  representatives  shall  have  the  right  to  be  present  during  the  pro- 
ceedings both  of  the  Chambers  themselves  and  also  of  the  depart- 
ments and  committees  of  the  Chambers.  They  must  be  heard  at  any 
time  at  their  own  request. 

Sec.  18.  The  Chambers  shall  decide  by  an  absolute  majority  of 
votes.  Twenty-three  members  shall  form  a  quorum,  and  can  come  to 
a  valid  decision  in  the  First  Chamber;  in  the  Second  Chamber  a 
majority  of  the  legal  number  of  members  shall  form  a  quorum. 

Sec.  19.  The  members  of  the  Diet  are  representatives  of  the  whole 
people  and  shall  not  be  bound  by  directions  or  instructions. 

No  one  can  be  a  member  of  both  Chambers. 

Sec.  20.  No  member  of  the  Diet  can  be  subjected  at  any  time  to 
judicial  or  disciplinary  proceedings  for  any  vote  given  or  for  any 
statements  made  by  him  in  the  exercise  of  his  functions,  nor  can  he 
be  called  to  account  therefor  in  any  other  w^ay  outside  the  Assembly. 

Sec.  21.  No  member  of  either  Chamber  can  be  arrested  or  examined 
for  any  punishable  action  during  the  session  of  the  Chamber,  except 
with  the  consent  of  the  latter,  unless  such  proceedings  be  taken  at 
the  moment  of  the  commission  of  the  action  or  in  the  course  of  the 
following  day. 

Any  prosecution  of  a  member  of  either  Chamber  and  any  detention 
for  purposes  of  examination  shall  be  remitted  during  the  continuance 
of  the  session  if  the  Chamber  so  demands. 

Sec.  22.  The  members  of  the  Diet  shall  receive  an  allowance  accord- 
ing to  the  terms  of  a  law  of  Alsace-Lorraine. 

Until  this  law  is  made,  but  in  no  case  after  July  1,  1912,  they  shall 
receive  the  same  allowance  as  that  which  has  hithertio  been  granted 
to  the  members  of  the  committee  of  Alsace-Lorraine. 

Sec.  23.  When  the  Diet  is  not  sitting  the  Emperor  may  issue  de- 
crees, which'  shall  have  the  force  of  law,  if  the  maintenance  of  public 
security  or  the  settlement  of  an  extraordinary  crisis  urgently  requires 
them. 

These  decrees  must  be  submitted  for  the  approval  of  the  Diet  at 
its  next  session.  They  shall  lose  their  force  immediately  if  the  Diet 
refuses  its  assent  to  them. 

Sec.  24.  Railways  in  Alsace-Lorraine,  intended  for  the  use  of  the 
general  public,  may  only  be  built  by  the  Empire  or  with  its  consent. 

In  so  far  as  the  Empire  itself  constructs  or  works  railwa5^s,  the 
exercise  of  all  rights  regarding  the  construction  or  working  of  rail- 
ways belongs  to  the  Imperial  Administration.  If  differences  of 
opinion  arise  between  the  Imperial  Administration  and  that  of 
Alsace-Lorraine  as  to  the  scope  of  these  rights,  the  points  in  question 
shall  be  decided  by  the  Bundesrat. 


CONSTITUTION   OF  ALSACE-LORRAINE.  486 

If  railway  interests  are  disturbed  by  tke  construction  of  new  rail- 
ways or  by  the  alteration  of  existing  railways,  or  if  the  construction 
of  new  lines  or  the  alteration  of  existing  lines  involves  any  encroach- 
ment upon  the  domain  of  police  administration,  then  no  decision  can 
be  made  by  the  Imperial  Administration  until  the  Alsace-Lorraine 
authorities  have  been  granted  a  hearing.  The  same  course  shall  be 
adopted  in  deciding  whether  expropriation  is  permissible.  The  de- 
cision must  establish  the  fact  that  the  Alsace-Lorraine  authorities 
have  been  heard. 

Sec.  25.  The  law  of  July  3,  1869,  regarding  the  equal  treatment  of 
religious  denominations  in  all  civic  and  national  relations  shall  be 
introduced  into  Alsace-Lorraine  (see  Bundesgesetzblatt^  p.  292). 

Sec.  26.  German  shall  be  the  official  language  of  the  authorities 
and  public  corporations,  and  the  language  in  which  instruction  is 
given  in  the  schools  of  Alsace-Lorraine. 

In  parts  of  Alsace-Lorraine  where  the  preponderating  portion  of 
the  population  is  French-speaking,  exceptions  may  continue  to  be 
made  in  favor  of  French  as  the  official  language  under  the  terms  of 
the  law  regarding  the  official  language  of  March  31,  1872  (see 
Gesetzhlatt  for  Alsace-Lorraine,  p.  159) .  Similarly  the  governor  may 
continue  to  permit  the  use  of  the  French  as  the  language  in  which 
instruction  is  given,  in  accordance  w^ith  the  present  practice  based  on 
section  4  of  the  law  regarding  schools  of  February  12,  1873  (see 
Gesetzhlatt  for  Alsace-Lorraine,  p.  37). 

Sec.  27.  The  following  are  repealed : 

Sections  3  and  4  of  the  law  concerning  the  union  of  Alsace-Lorraine 
wdth  the  German  Empire  of  June  9,  1871  (see  Reichs-Gesetzhlatt^ 
p.  212;  Gesetzblatt  for  Alsace-Lorraine,  p.  1)  ; 

Section  2,  paragraph  1,  of  the  law  regarding  the  promulgation  of 
law^s  and  decrees  of  July  3,  1871  (see  Gesetzblatt  for  Alsace- 
Lorraine,  p.  2)  ; 

Section  10,  paragraph  2,  of  the  law  regarding  the  establishment  of 
the  administration  of  December  30,  1871  (see  Gesetzblatt  for 
Alsace-Lorraine,  1872,  p.  49)  ; 

Section  8  of  the  law  regarding  the  introduction  of  the  Constitution 
of  the  German  Empire  in  Alsace-Lorraine  of  June  25,  1873  (see 
Reichs-Gesctzhlatt^    p.    161,    and    Gesetzblatt    for    Alsace-Lorraine, 

p.  131) ; 

The  law  regarding  the  legislation  of  Alsace-Lorraine  of  May  2, 
1877  (see  Reichs-Gesetzblatt^  p.  491) ; 

Sections  1,  2,  4,  7,  9,  10,  12-21,  and  section  22,  sentence  2,  of  the 
law  regarding  the  administration  and  Constitution  of  Alsace- 
Lorraine  of  July  4,  1879  (see  Reichs-Gesetzblatt^  p.  165)  ; 

The  law  regarding  the  publicity  of  proceedings  and  the  official 
language  of  the  committee  for  Alsace-Lorraine  of  May  23,  1881  (see 
Reichs-Gesetzblatt^  p.  98) ; 


486  APPENDIX. 

The  law  regarding  the  application  of  amended  Imperial  laws  to 
legislative  affairs  of  Alsace-Lorraine  of  July  7,  1887  (see  Reichs- 
Gesetzblatt^  p.  377) ;  and  further, 

The  Imperial  edict  regarding  the  establishment  of  a  consultative 
committee  for  Alsace-Lorraine  of  October  29,  1874  (see  GesetzblaM 
for  Alsace-Lorraine,  p.  37) ; 

Sections  1  and  2  of  the  order  for  the  execution  of  the  Imperial 
edict  of  October  29,  1874,  regarding  the  creation  of  a  consultative 
committee  for  Alsace-Lorraine  of  March  23,  1875  (Gesetzblatt  for 
Alsace-Lorraine,  p.  63)  ; 

The  Imperial  edict  regarding  the  election  of  a  second  representa- 
tive of  the  president  of  the  committee  for  Alsace-Lorraine  of  Feb- 
ruary 13,  1877  (see  Gesetzblatt  for  Alsace-Lorraine,  p.  9) ; 

The  decree  regarding  the  elections  to  the  committee  for  Alsace- 
Lorraine,  of  October  1,  1879  (see  Gesetzblatt  for  Alsace-Lorraine, 
p.  89)  ;  and 

Section  2,  figure  1,  section  7  of  the  order  regarding  the  extension 
of  the  competence  of  the  Imperial  Council  of  April  22,  1902  (see 
Gesetzblatt  for  Alsace-Lorraine,  p.  32). 

Sec.  28.  Where  the  laws  or  decrees  make  mention  of  the  committee 
for  Alsace-Lorraine,  the  Second  Chamber  is  to  be  understood. 

3.  This  law  comes  into  force  in  so  far  as  concerns  the  provisions 
establishing  a  Diet  (article  2,  sec.  6,  pars.  1  and  2;  sec.  7,  sec.  8,  par.  2, 
and  sec.  9)  on  the  day  of  its  promulgation,  and  as  regards  its  remain- 
ing provisions  on  a  day  to  be  fixed  by  an  Imperial  order,  but  in  no 
case  later  than  January  1,  1912.  It  can  only  be  repealed  or  amended 
by  an  Imperial  law. 

Done  under  our  own  hand,  and  signed,  sealed  with  the  Imperial 
seal. 

Given  at  the  New  Palace,  May  31, 1911. 

[L.  s.]  WILHELM. 

VON  Bethmann-Hollweg. 


Law  Respecting  the  Elections  to  the  Second  Chamber  or  the 
Diet  for  Alsace-Lorraine. — Berlin,  May  31,  1911.^ 

We,  Wilhelm,  by  the  grace  of  God,  etc. 

Section   1.  The   Second  Chamber  shall   consist  of   60   deputies. 
They  are  to  be  divided  as  follows : 

Deputies. 
Altkirch  ^ 2 

Colmar 5 

Gebweiler    , 2 

Miilhausen 6 

Rappoltsweiler ; 2 

1  Based  on  the  version  found  in  105  British  and  Foreign  State  Papers,  pp.  633-637. 


CONSTITUTION    OF   ALSACE-LORRAINE.  487 

Deputies. 

Thann 2 

Strassburg  (town) . 6 

Strassburg  (country) 3 

Erstein 2 

Hagenau 3 

Molsheim 2 

Sdilettstadt 1 2 

Weissenburg 2 

Zabern 3 

Metz  (town) 2 

Metz    (country) 3 

Bolchen 2 

Chateau-Salins • 2 

Diedenhofen — East 2 

Diedenhofen — West ! 2 

Forbach  .: 3 

-    --    .  2 

::  :    :•  ^'•:)^' •_ 2 

Total 60 

Elach  deputy  shall  be  elected  in  a  separate  electoral  district. 

With  the  separate  administrative  districts  the  boundaries  of  the 
electoral  districts  shall  be  fixed  by  the  Imperial  decree  with  the 
consent  of  the  Bundesrat  and  shall  approximate  substantif\lly 
to  the  existing  system  of  cantonal  divisions,  so  that  the  population 
of  the  administrative  district  is  distributed  as  uniformly  as  possible 
over  the  separate  electoral  districts.  The  electoral  districts  must  be 
contiguous. 

Sec.  2.  The  male  inhabitants  of  Alsace-Lorraine  shall  be  entitled 
to  vote,  provided  at  the  time  of  voting — 

1.  They  are  nationals  of  the  German  Empire; 

2.  They  have  passed  their  twenty-fifth  year,  and 

3.  Have  for  at  least  three  years  had  their  domicile  in  Alsace- 
Lorraine.  A  domicile  of  one  year  is,  however,  sufficient  in  the  case 
of  such  inhabitants  as  hold  a  public  office  in  Alsace-Lorraine,  of 
ministers  of  religion,  or  of  teachers  at  public  schools. 

The  right  to  vote  shall  be  suspended  in  the  case  of  persons  serving 
in  the  active  army,  with  the  exception  of  military  officials. 

The  foregoing  persons  shall  be  excluded  from  the  right  to  vote — 

1.  Persons  who  have  been  placed  in  the  position  of  minors  or  put 
under  temporary  guardianship  during  the  period  of  minority  or 
guardianship ; 

2.  Persons  against  whom  bankruptcy  proceedings  have  been  insti- 
tuted during  the  period  of  such  proceedings ; 

3.  Persons  who  at  the  time  of  the  completion  of  the  list  of  the 
electors  are,  in  spite  of  due  warning  and  without  having  been  granted 
a  postponement  of  payment,  wholly  or  partly  in  arrears  in  the  pay- 
ment of  the  direct  State  taxes  or  the  municipal  rates  due  for  the 
two  preceding  financial  years ; 


488  APPENDIX. 

4.  Persons  who  have  been  sentenced  by  hiw  to  penal  servitude  or 
imprisonment  for  a  crime  or  a  misdemeanor  of  a  kind  for  which 
they  are  liable  to  be  depri^-ed  of  their  civil  rights  during  a  period 
of  five  years  counted  from  the  day  on  which  the  sentence  expired 
or  was  remitted,  provided  the  loss  of  civil  rights  has  not  been  pro- 
nounced for  a  longer  period; 

5.  Persons  in  receipt  of  poor  relief  from  public  funds,  or  persons 
who  were  in  receipt  of  such  relief  in  the  last  year  preceding  the 
election. 

Under  "  poor  relief  "  are  not  to  be  understood — 

(a)  Kelief  in  sickness; 

(b)  Treatment  in  an  institution  accorded  for  physical  or  mental 
ailments ; 

(c)  Contributions  for  support  granted  as  assistance  to  children, 
for  education  or  apprenticeship  for  a  profession ; 

(d)  Other  support  when  given  only  in  the  form  of  isolated  pay- 
ments for  the  relief  of  monetary  distress ; 

(e)  Contributions  which  have  been  refunded. 

The  right  to  vote  may  only  be  exercised  in  the  commune  in  which 
the  person  entitled  to  vote  has  had  his  domicile  for  at  least  one 
year.  No  voter  may  exercise  his  right  to  vote  in  more  than  one 
place. 

Sec.  3.  Every  person  entitled  to  Aote  has  one  vote. 

Sec.  4.  The  persons  qualified  for  election  shall  be  all  male  in- 
habitants of  Alsace-Lorraine  Avho  have  possessed  a  German  na- 
tionality for  at  least  three  years,  have  had  their  domicile  in  Alsace- 
Lorraine  for  the  same  period,  pay  a  direct  State  tax,  and  have  com- 
pleted their  thirtieth  year. 

The  grounds  for  exclusion  set  forth  in  section  2,  paragraph  3, 
shall  apply  also  to  the  qualifications  for  election. 

Sec.  5.  The  election  shall  be  effected  by  comnumes  by  means  of 
lists  containing  the  names  of  the  persons  in  the  commune  entitled  to 
vote  and  setting  forth  their  qualifications  as  required  by  section  2 
of  this  law  (voters'  lists). 

In  the  event  of  several  electoral  districts  being  formed  out  of  one 
commune,  the  voters'  list  of  the  commime  shall  be  drawn  iip  sepa- 
rately for  the  separate  electoral  districts.  The  lists  shall  be  drawn 
up  by  the  burgomaster  and  by  two  members  to  be  nominated  out  of 
their  number  by  the  communal  council,  and  are  to  be  posted  for 
a  week  in  a  place  where  they  can  be  seen  by  everybody,  at  the  latest 
six  weeks  before  the  day  fixed  for  the  election.  Three  days  at  the 
latest  before  the  election  the  time  and  place  at  which  the  elections 
will  take  place  are  to  be  publicly  announced. 

Objections  to  the  correctness  of  the  voters'  list  must  be  handed 
in  to  the  burgomaster  or  entered  on  the  minutes  while  the  list  is 


CONSTITUTION   OF   ALSACE-LORRAINE.  489 

open  for  inspection.  Every  person  entitled  to  vote,  as  well  as  the 
superintending  authorities  of  the  commune,  has  the  right  to  raise 
objections. 

A  decision  as  to  the  objections  will  be  given  within  five  days,  ac- 
cording to  the  majority  of  votes,  by  the  burgomaster  and  the  two 
members  of  the  communal  council  mentioned  in  paragraph  2.  Ap- 
peal can  be  made  against  this  decision.  The  appeal  must  be  entered 
i)y  a  declaration  made  within  three  days  after  the  delivery  of  the 
decision  at  the  clerk's  office  of  the  district  court  and  must  be  decided 
by  this  court  within  five  days. 

A  further  appeal  against  the  decision  of  the  district  court  may  be 
made  by  the  persons  concerned  to  the  provincial  court,  with  whom 
rests  the  final  decision.  The  appeal  is  to  be  entered  at  the  clerk's 
office  of  the  provincial  court  within  three  days  after  the  delivery  of 
the  decision  of  the  district  court.  The  decision  is  to  be  arrived  at 
within  five  days,  to  be  communicated  to  the  person  lodging  the  appeal 
and  to  the  burgomaster,  and  is  to  be  executed  by  the  latter  in  so  far 
as  it  concerns  the  voters'  list. 

This  procedure  shall  be  exempt  from  court  fees. 

On  the  expiration  of  the  time  required  for  exhibiting  the  list  the 
latter  will  be  closed,  except  Avhen  alterations,  rendered  necessary  by  a 
•decision  as  to  any  objections  raised,  have  to  be  made. 

The  persons  entitled  to  vote  and  entered  on  the  voters'  list  shall 
then  receive  as  soon  as  possible  cards  substantiating  their  right  to 
vote. 

Sec.  6.  The  burgomaster  can,  with  the  approval  of  the  superin- 
tending authorities  of  the  commune,  divide  the  commune  into  poll- 
ing districts  for  voting  purposes.  Any  person  who  at  the  time  of  the 
•closing  of  the  voters'  list  has  not  yet  belonged  for  three  months  to  the 
polling  district  in  which  he  has  his  domicile  shall  vote  in  that  polling 
district  in  which  he  had  his  domicile  three  months  before  the 
•closing  of  the  voters'  list.  This  provision  shall  be  correspondingly 
applicable  when  a  person  entitled  to  vote  removes  his  domicile  from 
one  polling  district  to  another  within  the  commune. 

Sec.  7.  The  summons  of  voters  to  the  poll  shall  be  made  by  the 
burgomaster  at  least  eight  days  before  the  day  of  polling  by  means 
of  notifications  issued  in  the  way  usual  in  the  place  in  question.  The 
notification  must  state  in  what  room  the  poll  is  to  be  held,  the  day, 
liour,  and  duration  of  the  poll,  and,  in  case  the  commune  is  divided 
into  polling  districts,  the  boundaries  of  such  districts. 

The  minimum  duration  of  the  poll  shall  be  four  hours,  and  the 
maximum  eight  hours.  It  must  not  begin  before  10  a.  m.,  and  must 
finish  at  the  latest  at  6  p.  m. 

Polling  day  must  be  a  Sunda}^ 


490  APPENDIX. 

Sec.  8.  The  right  to  vote  must  be  exercised  in  person  by  placing  a 
ballot  paper  in  a  closed  ballot  box.  The  ballot  boxes  must  be  in  con- 
formity with  regulations  to  be  issued  by  the  executive  authorities. 

Every  ballot  paper  must  be  of  white  paper,  must  have  no  external 
marks,  and  is  to  be  given  up  by  the  voter  in  an  envelope  stamped  with 
an  official  stamp,  but  otherwise  bearing  no  mark. 

Sec.  9.  The  election,  as  well  as  the  announcement  of  the  result  of 
the  election,  shall  be  public.  » 

Sec.  10.  The  candidate  shall  be  considered  as  elected  who  receives 
most  votes  in  the  electoral  district  and  who  at  the  same  time  receives 
more  than  half  of  the  valid  votes  given. 

In  case  there  should  not  be  a  majority  of  votes,  a  second  election 
shall  be  held  on  the  seventh  day  after  the  main  election.  At  the  sec- 
ond election  the  candidate  receiving  the  largest  number  of  valid  votes 
shall  be  considered  as  elected.  Should  the  number  of  votes  be  equal, 
the  decision  shall  be  arrived  at  by  drawing  lots. 

Sec.  11.  If  a  candidate  declines  election,  or  if  an  election  is  de- 
clared invalid,  or  if  an  elected  member  retires  during  the  period  fixed 
for  the  elections,  a  supplementary  election  shall  be  immediately  held. 

In  the  case  of  a  supplementary  election,  which  is  held  within  a  year 
after  an  election  for  w^hich  a  new  voters'  list  was  draAvn  ut),  no  new 
voters'  list  need  be  drawn  up. 

Sec.  12.  The  expenses  for  the  drawing  up  of  the  voters'  list  and  of 
the  voters'  cards,  as  Avell  as  the  expenses  for  the  preparation  and  fur- 
nishing of  the  polling  station,  shall  be  defrayed  by  the  communes. 
All  other  expenses  arising  in  connection  with  the  elections  shall  be 
borne  by  the  State  treasury. 

Sec.  13.  In  so  far  as  the  procedure  connected  with  the  elections  is 
not  laid  down  in  this  law,  it  will  be  regulated  by  Imperial  decree 
(election  decree). 

The  election  decree,  as  well  as  the  distribution  of  the  electoral  dis- 
tricts (sec.  1,  par.  4) ,  can  only  be  altered  by  law. 

Sec.  14.  This  law  shall  come  into  force  on  the  day  of  its  promul- 
gation. 

Done  under  our  hand,  and  signed,  sealed  with  the  Imperial  seaL 

Given  at  the  New  Palace,  May  31,  1911. 

[L.8.]  WILHELM. 


INDEX. 


[The  reference  is  made  to  page  and  (in  parentheses)  to  the  article  or  articles  of  the  particular  Constitution 
appearing  on  that  page.  Continued  reference  is  indicated  by  a  short  dash,  e.  g.,  207  (45)-208  (62)  or 
207  (45-47).  The  italic  letter  n  placed  after  the  page  number  indicates  that  the  reference  is  to  a  footnote 
on  that  page.] 


Ahzugsgeld,  314  (70). 

Agriculture,   88  (87),   90   (112-116),    112 

(165),  224  (219). 
Aliens,  95  (28). 

Alsace-Lorraine:  6,  7,  10  (6),  lln,  13n, 
476  (2),  477  (1,  3,  4),  478,  480  (1). 

Budget,  provided  for  annually,  481  (5). 

City  tolls,  477  (5). 

Committee  for  Alsace-Lorraine,  see 
Diet,  Second  Chamber, 

Constitution:  amendments,  479  (1); 
budget  provided  for  annually,  481 
(5);  decrees  valid  when  counter- 
signed by  Governor,  480  (2);  Em- 
peror exercises  sovereign  power,  480 
(2);  Governor,  480  (2);  duties,  481 
(5);  Imperial  Chancellor  abolished, 
478  (3);  local  laws,  480  (5);  Ministry 
divided  in  two  sections,  478  (5);  re- 
pealed sections,  485  (27);  Secretary 
of  State,  479  (6);  taxes,  481  (5);  votes 
in  Empire,  480  (1). 

Constitution  of  Empire:  Comes  into 
force,  476  (2),  477  (1). 

Diet:  Adjournment,  483  (12);  both 
Chambers  have  right  to  propose  laws, 

483  (16);  composition,  481  (6);  con- 
tested elections,  482  (9);  deputies, 
election  of,  482  (8);  each  Chamber 
shall  regulate  its  business,  483  (13); 
emergency  legislation,  484  (23);  Em- 
peror has  right  to  propose  laws,  483 
(16);  French  may  be  continued  as 
official  language,  485  (26);  members, 
allowance,  418  (22);  members,  free- 
dom from  arrest,  418  (21);  Ministers 
have  right  to  be  present,  484  (17) ;  no 
one  can  be  member  of  both  Chambers, 

484  (20);  oath  of  members,  483  (14); 
official  language  to  be  German,  485 
(26);  opened  and  dissolved  by  Em- 
peror, 483  (11);  proceedings  shall  be 
public,  483  (15);  quorum,  484  (18); 
repealed  sections  of  Constitution,  485 
(27). 


Alsace-Lorraine — Continued. 

Diet,  First  Chamber,  481  (6). 

Diet,  Second  Chamber:  482  (7);  candi- 
dates declining  election,  489  (11); 
composition,  486;  decision  in  election, 
489  (10);  election  by  communes,  488 
(5);  election  expenses,  489  (12);  elec- 
tion regulated  by  Imperial  decree, 
489  (13);  election  to  be  public,  490 
(9);  eligibility  to  vote  for,  487  (2); 
law  respecting  election,  486;  polling 
day  must  be  Sunday,  490  (7);  polling 
districts,  490  (6);  vote  by  ballot,  490 
(8);  who  can  not  vote,  487  (2). 

Duties,  481  (5). 

Electoral  law  of  31,  May  1869,  477  (6). 

Eligibility  to  election  to  Reichstag,  478. 

Gesetzblatt,  to  be  published  by  Minis- 
try, 479  (22). 

Governor:  appointed  by  Emperor,  480 
(2);  at  head  of  Government,  480  (2); 
Emperor  may  delegate  power  to,  480 
(3);  represented  by  Secretary  of 
State,  480  (4). 

Imperial  Chancellor,  office  abolished, 
478  (3). 

Imperial  Council,  members  of,  479  (11). 

Imperial  territory,  477  (2). 

Limitations  of  electoral  districts,  477 
(6). 

Navigation,  478  (9). 

No  share  in  revenue  tax  on  beer, 
477  (4). 

Octroi,  477  (5). 

Railways,  484  (24). 

Religious  denominations  are  treated 
equal,  485  (25). 

Representation  in  Reichstag,  477  (3). 

Second  Chamber  is  understood  where 
mention  of  Committee  for  Alsace- 
Lorraine  is  made,  416  (28);  see  also 
Diet,  Second  Chamber. 

Secretary  of  State,  479  (6). 

Statthalter,  see  Governor. 

Taxes,  481  (5). 

491 


492 


INDEX. 


Amendments  to  Constitution,    see  Con- 
stitution, amendments. 
Amnesty,  430  (12);  see  also  Pardon. 
Anhalt:  8  (1). 
Accounts,  auditing  of,  30  (23). 
Ballenstedt  district,  34n. 
Bemburg  district,  34n. 
Cothen  district,  34n. 
Constitution,  amendments,  29  (19). 
Dessau  district,  34n. 
Diet:  composition,    32    (1);  convening 
and  opening,  30  (24);  dismissal  and 
dissolution,  30  (27);  emergency  laws, 

29  (20);  legislative  functions,  29  (18), 

30  (23),  31  (40);  members,  election  of, 
30  (28);  34  (9,  10);  one  general  diet, 
28  (1);  place  of  assembly,  28  (1);  their 
rights  and  duties,  31  (11);  salaries,  30 
(26);  vacancies,  31  (28);  voters,  quali- 
fications for,  32  (2),  33  (8):  see  also, 
Special  diets. 

Election   law   of    19    February    1872, 

32-34. 
Emergency  laws,  29  (20). 
Estates:   Committee  of  32  (35);  right  to 

complain  30  (22). 
Finance:      Budget,    30    (23);    excise- 
revenue  funds,  31  (39);  legislation  in 
regard  to,  30  (23) ;  public  debt,  30  (23). 
General  Committee:  31  (38);  controls 

excise-revenue  funds,  31  (39). 
German  Commercial  Code,  33  (4),  33n. 
Notaries,  33n. 

Provincial  Assembly,  29  (14,  19). 
Provincial  law  of  1859,  28  (1). 
Provincial    law    under    guaranty    of 

German  Confederation,  31  (48). 
Public  debt,  30  (23). 
Special  Committee:  31  (38);  to  name 

members  of  estates,  31  (41). 
Special  diets:  30  (21,  29-31),  31  (47).      1 
Suffrage:    Qualifications  for  voters,  32 

(2)-33  (8). 
Taxes,  30  (23). 
Zerbst  district,  34n. 
Annals  of  the  American  Academy  of  Polit- 
ical and  Social  Science,  (cited),  225n. 
Anordnung,  231  (65). 
Army,  see  Military  affairs. 
Arrest  and  prosecution,  59  (8),  68  (1-7), 
120  (240),  195  (39),  233  (84),  260  (39, 
42),  359  (131),  398  (17-18). 
Assembly,  right  of,  77  (16),  197  (50),  227, 
259  (26),  347  (44-47),  359  (131),  432 
(29). 


Associations,  right  to  form,  197  (51),  347 

(46),  370  (28),  432  (29). 
Austria,  5,  6. 
Austrian  Empire,*  6. 

Baden:  5.  8  (1),  6,  15  (35),  16  (38). 
Catholic  Church,  37  (27),  39  (30). 
Chambers:  Complaints  made  to  Second 
Chamber,  46  (67);  entitled  to  submit 
protests,    46    (67);   impeachment   of 
Ministers,  46  (67a);  no  claims  for  dam- 
ages, 46  (676);  presentation  of  bills, 
46,   (67);  rights  of  protest,  45  (67); 
supreme  court  of  judicature,  47. 
Citizens:    Constitutional   privileges   of 
individuals,  45  (67);  equal  civil  rights 
36  (7);  right  to  office,  36  (9). 
Civil  list,  increase  in,  44  (59). 
Civil  rights  equal,  36  (7). 
Constituent  part  of  the  German  Con- 
federation, 35  (1),  50  (83). 
Constitution:  Government  Central  Com- 
mission, 50  (80);  is  representative,  36 
(6);  laws  of  amendment  of,  45  (64); 
placed   under  guaranty   of   German 
Confederation,  50  (83). 
Courts,  independence  of,  36  (14). 
Diet:  Authority  of,  42  (46);  bills  and 
proposals,  48  (70);  bills  submitted  to 
Second  Chamber,  44  (60);  bills,  vote 
on,  48  (73);  can  not  issue  proclama- 
tions, 49  (75);  Catholic  bishops'  rep- 
resentation, 39  (30);  committees,  ap- 
pointment of,  42  (51);  composition  of, 
37  (26);  consent  of  majority  neces- 
sary, 48  (71);  convocatio^i,  41  (42); 
deputies,  election  of,  40  (33);  dep- 
uties,   rights   of,    41    (38);   disputed 
elections,  41  (41);  dissolution  of,  41 
(42),   47   (67);  duration  of  appoint- 
ment, 39  (32);  eligibility  to  election, 
40  (36);  eligibility  to  vote  for,  40  (34); 
emergency  lo^ns,  43  (57);  finance  law 
to  be  considered  at  every  session,  49 
(79);  further  appointments,  39  (31); 
hereditary  membership,  38  (28);  im- 
munity of  members,  42  (49);  inability 
to  grant  taxes  conditionally,  43  (56); 
landed  nobility,  39  (29);  liberty  of 
debate,    42    (48);    membership,    40; 
Ministry  of  State,  49  (76);  no  written 
speeches  to  be  read,  49  (77);  oath,  48 
(69);  opening  and  closing,  48  (75); 
opening  date,  50  (81);  opening  of,  47 
(68);  periods,  41  (37);  power  to  sit,  42 
(52);  president  of  First  Chamber  ap- 


INDEX. 


49^ 


Baden — Continued . 

pointed,  41  (45);  quorum,  48  (72);  re- 
election of  members,  41  (40);  revenue 
law,  42  (55);  sittings  are  public,  49 
(78);  special  election  laws,  41  (39); 
State  budgets,  rejection  of,  44  (61); 
subjects  before  diet,  42  (50);  tax 
laws,  42  (53,  54);  two-session  periods, 
49  (79);  united  vote,  48  (74);  when  to 
meet,  42  (47). 

Domains,  43  (58,  59). 

Ecclesiastical  property,  37  (20). 

Emigration,  freedom  of,  36  (12). 

Endowments  and  endowed  property,  37 
(20-21). 

Estates,  see  Diet. 

Executive  power  vested  in  Grand 
Duke,  36  (5). 

Finance:  Budgets,  44  (61);  emergency 
loans,  43  (57);  finance  law  to  be  con- 
sidered at  every  session  of  the  Diet, 
49  (79);  revenue  laws,  42  (55);  sinking 
fund,  37  (22). 

Foreigners'  right  to  office,  36  (9). 

Foundations,  37  (20). 

German  Confederation,  35,  35  (1-2).. 

Government,  hereditary,  36  (4). 

Government  Central  Commission,  50 
(80). 

Impeachment  of  Ministers  and  high  offi- 
cials, 46-47. 

Knighthood,  Imperial,  privileges, 
37  (23). 

Legal  protection  of  accused,  37  (15). 

Military  service,  36  (10). 

Ministers,  impeachment  of,  46  (67a). 

Ministry  of  State,  49  (76). 

Organic  laws  of  the  German  Confedera- 
tion form  part  of  public  law  35  (2). 

Personal  freedom,  36  (13),  45  (65). 

Pragmatic  sanction,  1  Oct.  1806  and  18 
Nov.  1808,  43  (58). 

Press,  freedom  of,  37  (17). 

Property:  Confiscation  of,  abolished,  37 
(16);  domanial,  43  (58,  59);  ecclesi- 
astical, 37  (20);  freedom  of,  36  (13); 
property  rights,  36  (14),  45  (65). 

Protestant  Church  of  Baden,  represen- 
tation in  the  Diet,  37  (27). 

Public  documents,  47  {Qig). 

Punishment  may  be  remitted,  37  (15). 

Religion:  All  denominations  have 
equal  political  rights,  37  (19);  eccle- 
siastical property,  37  (20);  ecclesias- 


Baden — Continued . 

tical  representation  in  the  Diet,  37 
(27),  39  (30);  religious  liberty  guaran- 
teed, 37  (18). 

Sinking  fund  to  be  maintained,  37  (22). 

State  attorney,  functions  of,  36  (14). 

Suffrage:  Suspension  of  right,  40  (35),-^ 
voters'  qualification,  40  (34). 

Supreme  Court  of  Judicature,  46-47, 

Taxes:  Diet  can  not  grant  condition- 
ally, 45  (56);  no  exemption  from,  36 
(8);  tax  laws,  42  (53,  54). 

Universities,  endowments,  37  (21). 

War,   power  of  Grand   Duke  to  levy 
loans,  45  (63). 
Banking  regulatioils,  9(4). 
Banishment,  96  (44). 
Bankruptcy,  317  (89). 
Bavaria:  5,  6,  7,  8  (1),  11  (8),  16  (38),  20 
(52),  17  (42)-18  (46). 

Act  of  26  May  1818,  51. 

Administration  to  be  in  name  of  Mon- 
arch, 55  (15). 

Administrator  of  the  Kingdom  of  Ba- 
varia 55  (15). 

Archives  and  registries,  56  (2),  69  (1). 

Arrest  and  prosecution  of  citizens, 
59  (8). 

Assembly  of  Estates:  Representative, 
51-52;  see  General  Assembly  of  the 
Estates. 

Bondage,  personal,  59  (6). 

Budget,  64  (4),  65  (8-9),  72-75. 

Chamber  of  Councillors,  Transactions , 
1842-43  (cited),  72n. 

Chamber  of  Deputies:  62  (1);  composi- 
tion and  election  of  deputies,  63  (13); 
see  also  General  Assembly  of  the  Es- 
tates. 

Chamber  of  Senators:  Composition  of^ 
62-63;  see  also  General  Assembly  of 
the  Estates. 

Charity:  Property  intended  for  chari- 
table purposes,  60  (10). 

Citizens:  Equality  before  the  law,  51- 
52;  civil  rights  of,  59  (1),  59  (4)  -61 
(11);  Indigenat,  59  (1-2);  liberty  to 
emigrate,  61  (13);  must  be  a  native 
subject,  59  (1-2);  obligations  of  mili- 
tary service,  61  (12),  68  (1);  pay  or 
employment  in  service  of  other  Ger- 
man States  or  foreign  countries,  61 
(14);  personal  bondage  not  allowed, 
59  (6);  property  rights,  59  (8);  rights 


494 


INDEX. 


Bavaria — Continued . 

of  to  address  petitions  and  complaints 
to  General  Assembly,  66  (21);  socage 
service,  59  (7). 

Coins  to  be  stamped  with  Monarch's 
effigy,  55  (15). 

Communal  corporations,  52. 

Condemnation  of  property,  59  (8). 

Conscience,  liberty  of,  60  (9). 

Constitution:  51,  52  (1),  53  (1),  55  (18), 
57  (1),  60  (9),  62  (4),  63  (1);  changes 
in,  70  (7),  71  (4-5);  Estate,  conces- 
sions granted  to  by  the  so-called 
Constitution  Agreement,  72-75;  rights 
of  initiative  granted  them  by  law 
of  4  June  1848, 71-72;  oath  to  observe, 
52,  55  (16),  67  (25),  69  (1,  2,  3);  secur- 
ity and  preservation  of,  69  (l)-70 
(7);  violations  of,  69,  (5,  6). 

Con^itution  Agreement  of  14  June 
1843,  72-75. 

Council  of  State,  51. 

Debt,  public,  65  (11-14). 

Decree  of  2  Feb.  1817,51. 

Deputies,  see  Chamber  of  Deputies. 

Edict  of  3  August  1808,  59  (6). 

Estates,  see  General  Assembly  of  the 
Estates. 

Fiefs,  already  granted,  free  of  taxa- 
tion, 58  (5). 

Finance:  Budget,  64  (4),  65  (8-9), 
72-75;  imposts  64  (18),  65  (8);  loans, 
65  (15);  minting  of  coins,  55  (15); 
public  debt,  65  (11-14);  taxes,  64  (3), 
65  (7),_72  (I). 

Foundations:  60  (9);  property  placed 
under  protection  of  State,  60  (10). 

General  Assembly  of  the  Estates: 
Chambers,  62-63;  composition  of, 
62-64  (19);  sessions,  63  (16),  65  (7),  66 
(22),  67  (23,  28-31);  legislative  pro- 
cedure and  order  of  business,  64  (17- 
19),  66  (21);  general  legislative  func- 
tions, 64  (1-2),  66  (19-20);  budget 
legislation  and  supervision,  64  (4),  65 
(10),  72-75;  supervision  of  public 
debt,  65  (11-14),  66  (16);  tax  legis- 
lation, 64  (3),  65  (8-9),  72  (1);  loans, 
65  (15);  legislation  as  regards  public 
property,  66  (17-18);  immunity  of 
members,  67  (26-27);  oath  of  mem- 
bers, 67  (25);  law  of  4  June  1848,  re- 
garding the  initiative  of  the  Estates, 
71-72;    the    so-called    Constitution 


Bavaria — Continued. 

Agreement  conceding  further  rights 
to  the  Estates,  72-75;  see  also  Cham- 
ber of  Deputies,  and  Chamber  of 
Senators. 

German,  Confederation,  relations  with 
other  States  of,  61  (14). 

Imposts,  64  (18),  65  (8). 

Indigenat,  59  (1-2). 

Judicial  system:  Arrest  and  prosecu- 
tion of  citizens,  59  (8);  courts  of  law 
and  administration  of  justice,  68. 

King:  Supremacy  in  government  of  the 
State,  53  (1);  sacredness  and  invio- 
lability of  person,  53  (1);  succession 
to  the  throne  and  the  regency,  53-56; 
governmental  cooperation  with  the 
Estates,  56  (22),  66  (22),  67  (23),  68 
(4),  69  (1,  3),  70  (7),  71  (7). 

Landtag,  52n. 

Landwehr,  61  (12). 

Law  of  4  June  1848,  granting  further 
rights  of  initiative  to  the  Estates, 
71-72. 

Laws:  Protection  of,  59  (8) ;  signature  of 
King  necessary,  67  (30). 

Loans,  65  (15). 

Martial  law,  see  Military  affairs. 

Military  affairs:  Arms  and  ammunition, 
State  property,  56  (2);  army  to  serve 
against  foreign  enemy,  69  (6);  clergy 
exempt  from  service,  68  (2);  duty  of 
every  Bavarian,  68  (1);  Landwehr^ 
61  (12);  martial  law,  69  (7);  military 
organization,  68;  military  service,  52, 
61  (12);  service  of  other  German 
States,  61  (14);  standing  army,  68  (3). 

Ministers  of  State:  Responsible  for  se- 
curity of  the  Constitution,  69-70, 
70n;  right  to  be  present  in  Assembly 
67  (24). 

Minority  of  Monarch,  54  (9). 

Monarch:  Oath  of  office,  55  (16). 

Naturalization:  59  (1);  eligibility,  59 
(5);  forfeiture,  59  (2);  offices  conferred 
upon  subjects,  59  (3). 

Nobility,  rights  of,  61  (3,  4);  see  also 
Chamber  of  Senators. 

Oath  of  office,  52,  55  (16),  67  (25). 

Opinion,  freedom  of,  51. 

Pensions,  62  (6). 

Personal  liberty,  59  (8). 

Pragmatic  law,  54  (8). 

Press,  freedom  of,  61  (11). 


INDEX. 


495 


Bavaria — Continued. 

Property:  Of  the  State,  56-59;  private, 
59  (8). 

Provisional  officials,  55  (18). 

Public  buildings,  State  property,  56 
(2). 

Public  burdens,  no  exemptions,  61 
(13). 

Public  debts,  65  (11-14). 

Public  domains,  already  granted,  free 
of  taxation,  58  (5). 

Public  documents  to  be  issued  in  name 
of  Monarch,  55  (15). 

Queen:  Can  become  regent,  54  (13); 
oath  of  office,  55  (16). 

Queen  widow,  education  of  her  chil- 
dren, 55  (14). 

Regency,  53-50. 

Religion:  Christian  denominations,  60 
(9);  Greek  Church,  60  (9);  liberty  of 
conscience,  51,  60  (9) ;  ministers  of  ex- 
empt from  military  duty,  68  (2) ;  non- 
Christians,  60  (9);  property,  51,  60 
(9);  spiritual  authorities  not  to  be  in- 
terfered with,  60  (9);  see  also  General 
Assembly,  composition  of. 

Reserves,  61  (12). 

Revenues,  already  granted,  free  of 
taxation,  58  (5). 

Royal  Commissioner  for  the  extinction 
of  public  debt,  65  (14). 

Senators,  see  Chamber  of  Senators. 

Socage,  59  (7). 

Sovereign  authority  can  be  assumed  by 
officer  of  Crown,  54  (13). 

Standeversammlung,  52n. 

Standing  army,  see  Military  affairs. 

State  property,  exceptions  from — ^prohi- 
bition as  to  alienation,  58  (6). 

Succession  to  the  throne,  53-56. 

Taxes:  Equality  of  imposition  and  obli- 
gations to  pay,  52;  exemptions'  not 
permitted,  57  (4)-58  (5);  levy  and  su- 
pervision by  General  Assembly  of  the 
Estates,  64  (3),  65  (7),  72  (I);  see  also 
Budget. 

Transactions  of  the  Chamber  of  Deputies 
(cited),  72n. 

Transactions  of  the  Chamber  oj  Coun- 
cillors, 1842-43,  (cited),  72n. 
Beer,  tax  on,  7,  15  (35),  477  (4). 
Behorde,  235  (106). 
Beschlussnahme,  86  (67). 
Bezirhe,  231  (71). 


Bills  before  Reichstag,  13  (16). 
Birkenfeld,  principality  of,  189. 
Bondage,  59  (6),  76  (7),  199  (63). 
Brandy,  taxation  of,  7,  15  (35). 
Bremen,  7,  8  (1),  15  (34);  Agriculture, 
Board  of,  88  (87),  90  (112-116). 

Altstadt,  87  (75). 

Arrest  determined  by  law,  76  (7). 

Assembly,  right  of,  77  (16). 

Beschlussnahme,  86  (67). 

Bremen  Exchange,  88  (89). 

Biirgeramt,  80  (46) ;  see  Municipal  Office. 

Biirqerschofl,  76  (2),  78  (80);  see  Corpora- 
tion. 

Burgomasters:  Elected  by  Senate,  79; 
Presidents  of  Senate,  79  (31);  terms 
of  office,  79;  see  also  Senate. 

Chamber  of  Commerce,  88  (85),  88  (92)- 
89  (101). 

Charitable  institutions,  84  (58). 

Citizens:  Acquisition  and  loss  of  citi- 
zenship, 76  (2);  arrest  determined  by 
law,  76  (7);  domicile  inviolable,  76 
(10);  eligibility  to  office,  77  (18); 
emigration  not  restricted,  76  (8); 
equality  before  law,  77  (17);  freedom 
of  expression,  77;  freedom  of  opinion, 
77;  freedom  of  religion,  76  (12); 
freedom  of  trade,  76  (11);  nobility 
not  recognized,  77  (17);  personal 
freedom  granted,  76  (5);  personal 
rights,  law  recourse,  77  (15);  property 
rights,  77  (19);  right  of  assembly,  77 
(16);  right  of  complaint,  77  (14); 
right  to  levy  duty,  76  (9);  slavery  and 
bondage  not  permitted,  76  (7);  titles 
and  honors,  77(17). 

Commerce,  Chamber  of,  88  (85),  88  (92)- 
89  (101). 

Communes,  87-88. 

Complaint,  right  of,  77  (14). 

Constitution,  alteration  of,  86  (76); 
republican  in  form,  76  (3). 

Corporation;  activities,  82  (56);  Biir- 
geramt, 80  (46) ;  business  committees , 
80  (45);  composition,  80  (38);  elec- 
tion, 80  (39);  eligibility,  80  (39); 
meetings,  81  (49);  members  can  not 
decline  election,  82  (53);  Municipal 
Office,  80  (46);  no  instructions  to 
members,  80  (44);  opening  and  con- 
clusion by  President,  82  (52);  organi- 
zation, 80  (82);  procedure,  82  (54,  55); 
quorum,    81    (50);    representatives, 


496 


INDEX. 


Bremen — Continued . 

privileges,    81    (48);    resignation    of 
members,  80  (41);  service  gratis,  80 
(43);  term  of  office.  80  (40);  vacan- 
cies,  80   (42);  see  also   Senate,   and 
Corporation. 
Domicile,  inviolable,  76  (10). 
Duties,  right  to  levy,  76  (9). 
Emigration  not  restricted,  76  (8). 
Executive  power,  76  (4). 
Federal  State  of  the  German  Empire, 

76  (1). 
Finance,  90  (116). 
Foundations,    charitable    institutions, 

84  (58). 
Hanseatic  city,  76  (1). 
Industrial    Convention,    88    (86),     89 

(102)-90  (110). 
Institutions  supported  by  State,  84  (58). 
Judicial  system:  Arrest  determined  by 
law,  76  (7);    justice,  administration 
of,  86  (68-71);  independence  of  the 
courts,  76  (4). 
Kaufmannskonvent,    88   (85);  see  Mer- 
chants' Convention. 
Merchants'  Convention.  88  (85),  88  (89)- 

89  (101). 
Municipal  Office,  80  (46)-81  (47). 
Name  of  State,  76  (1). 
Neustadt,  87  (75). 
Nobility  not  recognized,  77  (17). 
Oath  of  citizenship,  76  (2). 
Opinion,  freedom  of,  77  (12). 
Personal  freedom  granted,  76  (5). 
Personal  rights,  law  recourse,  77  (15). 
Property  rights,  77  (19). 
Public  wealth,  84  (58). 
Religion,  freedom  of,  76  (12). 
Senate:  Activities,   82   (56);  archives, 
80  (36);  burgomasters,  two  members 
are,  78  (30);  communications  to  be 
published,  85  (63);  composition  of, 

78  (21);  election  of  members,  78  (22); 
eligibility,  78  (23);  matters  of  opera- 
tion, 84  (58);  meetings,  85  (62); 
members  bound  by  oath,  78  (26); 
members  elected  for  life,  78  (24); 
members  of  learned  profession  not  to 
have  other  avocations,  78  (29) ;  mem- 
bers to  be  domiciled  in  Bremen,  78 
(28);  members  to  bring  up  questions, 

79  (33);  police  orders,  85  (64);  Presi- 
dent, 78  (30);  procedure,  80  (37);  re- 
sponsibilities, 83  (57);  retirement  of 


Bremen — Continued. 

members,  78  (25);  salaries,  78  (27);: 
secretaries,  80  (36);  standing  commit- 
tee, 79  (35). 
Senate  and  Corporation,  joint  action: 
Abolishment  of  laws,  84  (58);  all 
measures  adopted  by  joint  resolution,^. 
85  (66);  alteration  of  Constitution,  86 
(67);  committee  to  elect  judicial 
members,  86  (70) ;  communications  to 
be  printed,  85  (63);  enactment  of 
laws,  84  (58) ;  foundations,  charitable 
institution,  84  (58);  institutions  sup- 
ported by  State,  84  (58);  interpreta- 
tion of  laws,  84  (58);  joint  action,  84 
(86);  meetings  are  separate,  85  (68);. 
public  wealth,  84  (58);  passing  of 
resolutions,  86  (67);  trade  privileges, 
84  (58);  treaties  with  foreign  Govern- 
ments, 84  (58);  tribunals,  election  of 
members,  84  (58);  see  oho  Communes. 
Slavery  and  bondage  not  permitted,  76 
(7). 

Speech,  freedom  of,  77  (12). 

Stadtbiirgerschaft,  87  (76). 

Titles  and  honors,  77  (17). 

Trade,  Board  of,  88  (86),  89  (108)-90 
(110);  freedom  of,  76  (11);  trade 
pi;ivileges,  84  (58). 

Treaties  with  foreign  Governments,  84 
(58). 

War  measures,  77  (20). 

British     and     Foreign     State     Papers 
(cited),  bin,  128n,  145n,  272n. 
Brunswick,  8  (1);  administration;  au- 
thorities, 111  (159),  118  (195);  inter- 
nal administration,  92  (5). 

Agriculture,  112  (165). 

Aliens,  95  (28). 

Board  of  Finance,  see  Finance,  Board  of. 

Boundary,  rectification  of,  91  (1). 

Budget,  see  Finance.  ^" 

Charity,  property  for  charitable  pur- 
poses, 122  (216),  123  (225). 

Citizens:  Alike  before  the  law,  95  (34), 

119  (200);  crimes  committed  abroad, 

120  (205);  crimes  committed  against, 
by  foreigners,  120  (205);  extradition, 
120  (206);  free  choice  of  calling  or 
industry,  95  (34);  legal  prosecution, 

119  (202);  legal  protection,  119  (201); 
protection  against  prolongation  of 
arrest,  120  (204);  rights  of  accused, 

120  (203);  see  also  Inhabitants. 


INDEX. 


497 


B  runs  wick — Con  tinned . 

CUnl  service.  05  (34),  110  (153),  111 
(J57). 

Commerce,  114  (174),  115  (179). 

Committee  of  Estates:  Lacking  mem- 
bers supplied,  103  (113);  obligation 
to  give  reports  and  opinions  to  the 
Government,  105  (124);  other  powers. 
106  (127);  punishment  of  members 
of,  101  (108,  109):  right  to  call  the 
Assembly  of  the  Estates,  105  (124): 
rights  and  duties  of,  104  (118),  10() 
(127);  special  empowerment,  105 
(126);  special  privileges  in  legisla- 
tion. 105  (120,  121,  122.  123);  special 
privileges  in  tinancial  matters,  105 
(119);  see  also  Diet. 

Communes:  96-99;  assembled  com- 
munes 99  (55);  citizens,  right  to 
elect  representatives  and  officials, 
98  (53);  city  regulations,  98  (54); 
communal  burdens,  general  duties 
in  connection  therewith,  97  (49); 
communal  districts,  96  (41),  97  (41); 
communal  regulations,  99  (55);  com- 
pensation for  burdens  which  belong 
to  community  at  large.  98  (51); 
inhabitants  of  Marches  {Markgenos- 
scn),  97  (43);  local  officials  and 
wardens,  98  (55);  must  be  based  on 
law,  98  (50);  new%  formation  of,  97 
(44);  new  settlers,  99  (56);  of  indi- 
vidual members  of  a  commune,  97 
(48);  of  several  communes,  97  (47); 
police  authority  of  owners  of  manorial 
estates,  tenants  of  domain,  99n;  of- 
ficials, 98  (52);  property  relations  of, 
with  respect  to  State,  97  (45,  46);  re- 
lations of  rural  communes,  99  (55); 
residents  of,  97  (42);  right  to  admin- 
ister communal  officers,  98  (53); 
rural,  98  (55),  99  (56);  urban,  98 
(53,  54). 

Constitution:  Change  of,  105  (122); 
interpretation  of,  124  (231);  to  be 
upheld  by  reigning  Prince,  91  (4); 
by  the  Estates,  99  (95);  violation  of, 
101  (108),  102  (109,  110),  103  (111, 
112,  113),  124  (231);  Constitution  of 
1820,  91. 

Corporations,  security  of,  95  (32,  33). 

County  boards.  111  (160). 

92975—19 32 


Brunswick — Continued. 

Court.  Ducal,  101  (104,  108),  102  (109, 
110):  103  (113\ 

Cyriacus  Foundation,  112  (163). 

Debt,  national,  117  (187). 

Decorations  of  honor,  92  (10). 

Deputies.  106  (127,  130,  132,  133),  107 
(138);  see  also  Diet. 

Diet:  103  (113),  104  (118),  105  (120, 
123,  131),  106  (128),  117  (190),  124 
(232).  125  (2);  'adjournment,  dis- 
missal, dissolution,  108  (147);  auxil- 
iary, personal,  107  (137);  business  of, 
107  (138):  Committee  of  the  Estates, 
110  (152).  116  (180);  Committee  of 
the  Estates,  business  and  methods  of 
business,  109  (7),  110  (10);  Com- 
mittee of  the  Estates,  election,  of- 
ficers, 109  (5);  Committee  of  the  Es- 
tates, membership,  108  (1),  109  (2,  4); 
duration  of  Diet,  108  (146);  inadmis- 
sibility of  instructions  and  mandates, 

106  (133);  inviolability  of  person,  107 
(135);  method  of  business,  107  (1.39, 
n3),  108  (140,  144);  oath  of  depu- 
ties. 106  (132);  officers,  election,  and 
tenure  of  office,  107  (136);  pro- 
roguing, 1 09(9) ;  right  of  free  utterance, 

107  (184);  sanction  by  Prince,  108 
(145)';  sessions,  106  (128,  129.  130, 
131);  standing  rules,  110  (152);  see 
also  Estates,  Estates  of  the  Realm. 

Edict  of  1  May  1794,  112  (164). 

Education:  Free  choice  of  institution 
of,  95  (34);  property  of  schools,  etc., 
122  (216),  123  (225);  school  employ- 
ees, 123  (226,  227),  124  (229);  solici- 
tude for  public  instruction,  124  (230).  ' 

Electoral  law  for  the  Imperial  Diet  of 
the  North  German  Confederation, 
94n. 

Emigration,  94  (27),  95  (35). 

Emperor,  125  (4),  126  (4). 

Empire,  relation  to,  125  (4). 

Estates:  92  (8),  94  (23);  Assembly  of, 
115  (179),  116  (185),  117  (187,  188, 
189,  190),  121  (214),  124  (231,  232); 
annulment  of  an  investigation,  103 
(111) ;  appointment  of  provincial  syn- 
dicate and  his  substitute,  104  (115); 
consent  to  levy  communal  and  local 
taxes  necessary,   116  (187);  coopera- 


498 


INDKX. 


Brunswick — Continued.  ' 

tion  in  legislation,  100  (98,  99,  100, 
101);  cooperation  in  military  mat- 
ters, 100  (102);  cooperative  financial 
matters,  100  (97);  exclusive  juris- 
diction of  assembled  Estates,  103 
(112);  exceptions  to  this  right,  115 
(180);  exemption  from  judicial  fees, 
revenue,  stamp  and  postage,  104 
(116);  formation  of  a  Joint  Court,  102 
(109);  Joint  High  Court  of  Appeals, 
102  (109,  110);  procedure  and  judg- 
ment, 102  (110);  recommendation  of 
punishment,  101  (108);  relation  of, 
to  combined  monasterial  and  educa- 
tional fund,  123  (223,  224,  225);  right 
of  impeachment.  101  (108),  103  (112); 
right  of  self  assembly,  101  (113); 
right  to  accept  petitions  and  com- 
plaint, 104  (114);  right  to  impose 
taxation,  115  (175);  right  to  make 
recommendations  to  reigning  Prince, 
100  (105);  rights  with  respect  to  ad- 
ministration of  justice,  100  (103,  104); 
right  of  joint  supervision  over  affairs 
of  the  country,  101  (106,  107);  sanc- 
tion and  cooperation  of,  for  treaties 
and  laws  in  execution  thereof,  92  (8); 
seal.  104  (117);  two  counselors  in 
Ducal  Court,  101  (104);  see  also  Diet. 

Estates  of  the  Realm;  Assembled,  100 
(97),  104  (117,  118),  105  (120,  123, 
124,  125.  126),  106  (127,  130),  107 
(134.  135.  138),  108  (144,  147),  110 
(152).  112  (164,  165),  113  (168,  169), 
114  (171,  173,  174),  115  (176);  all 
deputies  on  equal  footing  in  parlia- 
mentary rights  and  duties,  99  (96); 
character  and  purpose  of,  99  (57,  58, 
59,  60,  93),  (n3);  rights  and  duties 
of,  99  (94,  96);  to  promote  welfare  of 
country,  99  (94);  to  uphold  Consti- 
tution. 99  (95);  see  also  Diet. 

Federal  Council,  126  (4). 

Feudal  rights,  abolition  of,  96  (37)n. 

Finance:  Board  of  Finance,  116  (183, 
184),  117  (186),  122  (221);  bond  insti- 
tutions, 116  (187);  budget,  116  (184, 
185),  122  (221);  Committee  o  the 
Estates  and,  117  (189,  190);  loans,  116 
<186),  117  (185,  187,  190) ;  monasterial 
and  educational  fund,  122  (219),  123 
<223-225,  235);  Princely  finances,  112 
(161,  162);  State  revenues,  104  (116), 


Brunswick—  Continued. 

105  (120),  117  (186),  119  (198);  super- 
vision, 117  (188);  treasury  122  (221); 
treaty  funds'.  92  (8). 

Fisc  119  (198,  199);  see  also  Justice,  ad- 
ministration of  Fisc. 

Foreign  relations.  92  (7). 

Gandersheim.  Abbey  of,  112  (163). 

German  Confederation,  relations  with, 
92  (7,  11,  12),  95  (31). 

Government:  Church  and  school  em- 
ployees, 123  (226),  124  (230);  crimes 
committed  against,  by  foreigners.  120 
(205);  form  of  herediatry  monarchy, 
91  (2);  Government  service,  110  (153), 
111  (160);  relation  to  monasterial  and 
educational  fund,  123  (223,  224,  225); 
Government  service,  reinstatement  of. 
103  (111);  suits  for  damages  against, 
119  (197);  supervision  of  loan,  bank, 
116  (186);  supreme  head  of,  91  (3); 
property,  117  (189);  seat  of,  92  (13); 
Government  service,  110  (153),  111 
(160). 

Guardianship:  During  minority  of 
reigning  Prince,  92  (13);  of  minor  suc- 
cessor to  the  throne,  93  (17-21),  94 
(22). 

Hereditary  monarchy,  91  (2). 

Imperial  Deputation,  resolution,  25 
Feb.  1803,  112  (163). 

Indivisibility  and  inalienability  of,  91 

(1). 

Industry,  95  (34),  114  (174). 

Inhabitants:  Rights  and  duties  of, 
(Chap.  2),  94-96;  rights  of,  acquisition 
thereof  94  (24);  rights  of.  conse- 
quences thereof,  94  (25);  rights  of. 
conditions  for  exercise  of  political 
rights,  oath  of  allegiance,  94  (26) ; 
rights  of,  extinction  thereof,  94  (27 
and  n);  see  also  Citizens. 

Judicial  system:  Accused  person,  pro- 
tection against  prolongation  of  arrest 
for,  120  (204);  accused  person,  rights 
of,  120  (203);  arrests,  119  (202),  120 
(204);  bail,  119  (202);  civil  disputes, 
121  (210);  civil  suits,  119  (201);  con- 
fiscations, 120  (207);  conflicts  of,  119 
(196);  cooperation  of  police  authori- 
ties, 118  (194);  crimes,  118  (194); 
crimes  committed  abroad,  120  (205); 
criminal  suits,  119  (201);  equality 
before  law,  119  (200);  extradition  of 


INDEX, 


499 


Brunswick — Continued. 

criminals,  120  (206);  fisc,  legal  affairs 
of,  119  (198);  fisc,  restrictions  of  priv- 
ileges of,  119  (199);  German  criminal 
law,  120  (205,  206);  High  Court  of 
Appeals,  102  (109);  independence  of 
courts,  118  (193);  judicial  separated 
from  administrative  functions,  118 
(192);  judicial  authorities,  120  (204); 
judicial  fees,  104  (116),  115  (174); 
jurisdiction  of  courts.  111  (159),  118 
(19 i);  justice,  administration  of,  101 
(106,  107);  118  (191);  121  (210);  legal 
assistance  in  civil  disputes,  121  (210); 
legal  prosecution  of  arrested  persons, 
119  (202);  legal  protection  of  all  citi- 
zens, 119  (201);  moratoriums,  121 
(209);  noninterference  with  admin- 
istrative acts,  118  (195);  pardon,  right 
of,  120  (208);  penal  code,  118  (193), 
119  (202);  procedure,  105  (121),  118 
(193);  suits  for  damages  against  Gov- 
ernment, 119  (197). 

Law  on  the  civil  Government  service  of 
October  12  1832  (Coll.  of  laws  and 
decrees,  No.  21),  111  (157). 

Legislation,  105  (120,  123),  106  (120), 
108  (145),  111  (159);  defects  and 
abuses,  101  (106). 

Ludgeri,  St.,  Monastery  of,  112  (163). 

Liineburg,  Princely  House  of,  93  (14). 

Markgenossen,  97  (43). 

Military  affairs:  Composition  and  form- 
ation of  army,  92  (9),  100  (102);  con- 
fiscation of  property  of  absentees  and 
deserters,  120  (207);  discipline,  92 
(9);  equal  rights  to  enter  all  grades, 
95  (34);  military  authority,  92  (9); 
military  obligations,  95  (35) ;  military 
service  and  training,  96  (40),  105 
(120);  military  sovereignty  during 
regency,  126  (4). 

Ministerial  Commission,  111  (159). 

Ministry  of  State:  and  Assembled  Es- 
states,  103  (112),  117  (190);  and  the 
Regency  Council,  125  (2,  3),  126  (5, 6); 
budget,  122  (221);  domanial  property, 
113  (166);  governmental  administra- 
tive functions,  110  (155,  156),  111 
(158,  160);  personal  inviolability  of 
ministers,  107  (135);  punishment  of 
ministers  and  their  subordinates,  101 
(108-109). 

Moratorium,  121  (209). 


Brunswick — Continued . 

Museum  at  Brunswick,  122  (222). 
National  Assembly,  125  (2,  3);  see  also 

Diet. 
North  German  Confederation,  94n. 
Pardon,  right  of,  120  (208). 
Patrimonial  jurisdiction,  118  (191). 
Person,  security  of,  95  (32-33). 
Police,  100  (99),  105  (123),  111  (160), 

114(174),  118(194),  120(204). 
Postage  (franking),  104  (116). 
Press,  freedom  of,  95  (31). 
Privileges,  lawful,  granting  of.  92  (10). 
Property,   105  (121);  confiscation,   120 

(207);  domanial  property,  112  (162); 

113  (166),  114  (171,173),  126  (6); 
Princely  property  exempt  from  tax- 
ation and  other  Government  bur- 
dens, 96  (39);  public  property,  117 
(189),  119  (198);  redeemability  of  real 
and  seigniorial  rights,  96  (36);  requi- 
sition, 95  (33);  security,  95  (32,  33). 

Provincial  Syndic,  104  (115),  103  (113), 
109  (8). 

Public  institutions,  101  (105). 

Rank,  granting  of,  92  (10). 

Regency,  93  (17-21);  Regency  Council, 
125-127. 

Reigning  Prince,  101  (105),  103  (113), 
107  (138),  108  (146, 147),  110  (9, 152, 
155),  111  (158,159),  116  (186),  124 
(232);  administration  of  justice,  118 
(191,193),  120  (208);  agreements  be- 
tween, and  estates,  104  (118);  appeal 
from  acts  of,  101  (103);  attainment  of 
majority,  93  (15);  by  promulgation 
gives  general  orders  and  decrees  of 
German  Confederation  force  of  law, 
92  (12);  calls  Diet  and  assembled 
Estates,  106  (128,131);  church  and 
school  employees,  123  (226):  con- 
ferring titles,  dignities,  etc.,  92  (10); 
confirms  election  of  oflEicers  of  Diet, 
107  (136);  consent  necessary  to  ac- 
ceptance of  foreign  titles,  dignities, 
etc.,  92  (10);  ecclesiastical  authority 
in  Evangelical  Lutheran  Church,  121 
(214,215);    finances,    112    (161,162), 

114  (171);  foreign  relations,  92  (7); 
German  Confederation,  promulgates 
general  orders  and  decrees  of,  92  (12); 
family  laws,  94  (23);  may  appoint 
guards  on  ship  for  minor  successor  to 
Government,   93   (17);  military  au 


500 


INDEX. 


Brunswick — Continued. 

thority,  92  (9);  minority,  guardian- 
ship, 93  (13);  relation  to  German 
Confederation,  92  (11,12);  rights  to 
make  recommendations  to,  101  (105); 
sanctions  laws  of  Diet,  108  (144); 
shares  all  rights  and  obligations  of 
German  Confederation,  92  (11);  to 
uphold  Constitution,  91  (4);  See  also, 
Guardianship,  Regency,  Succession 
to  the  throne. 

Religion:  Church  employees,  123  (226, 
227),  124  (229);  churches,  real  estate, 
and  services,  exemption  from  taxes 
and  Government  burdens,  96  (39); 
equality  of  all  denominations  before 
law,  121  (211);  Evangelical  Lutheran 
Church,  121  (213,214),  126  (6);  free 
public  worship  for  all  denominations, 
121  (211);  religion,  freedom  of,  95 
(29);  governmental  supervision,  121 
(212);  other  Christian  churches,  121 
(215);  monasterial  funds,  122 
(219),  123  (223-225,  235);  property 
(churches,  schools,  and  charitable 
purposes),  122  (216),  123  (225); 
purely  spiritual  matters  under  super- 
vision of  ecclesiastical  authority,  121 
(212). 

Right  of  complaint,  96  (38). 

St.  Blasius  Foundation,  112  (163). 

Succession  to  the  throne:  Education  of 
successor,  94  (22);  guardianship  dur- 
ing minority  of  successor,  93  (17-21), 
94  (22);  in  Princely  House  of  Bruns- 
wick-Liineburg,  93  (14);  vacancy  in 
throne,  124  (127). 

Taxes:  Board  of  taxation,  116  (182); 
communal  and  local,  116  (181);  du- 
ration of,  115  (177,179);  exemption 
from,  96  (39);  Government  burdens, 
96  (39);  levying  of,  114  (173,174); 
liability  to,  96  (39);  mode  of  decreas- 
ing, 115  (176);  right  to  impose,  115 
(175);  some  without  authorization  of 
Estates,  115  (180),  116  (181). 

Titles,  92  (10),  125  (2). 

Treasury,  see  Finance. 

Treaties,  92  (7-8). 

University  of  Helmstedt,  122  (219). 

Wolfenbuttel,  Library  at,  122  (222). 
Brunswick-Liineburg,  Princely  House  of, 

93  (14). 
Budget,  see  Finance. 


Biickeburg,  397  (14),  405  (56). 

Biirgeramt,  80  (46). 

Bilrgenneister,  187. 

Biirgerscha/t,  76  (2),  78  (80),  128  (6),  132. 
165(1),  170. 

Bund  (German  Confederation),  409  (77). 

Bund  (North  German  Confederation),  254 
(91). 

Bundesrat:  7,  10-12;  committees,  11  (8); 
composition  of,  10  (6-6a);  disputes 
between  States  of  the  Union  to  be 
adjusted  by,  26  (76);  diplomatic  pro- 
tection granted  to  members  of,  12 
(10);  legislative  powers,  11  (7);  mem- 
bers may  not  at  the  same  time  be 
members  of  Reichstag,  12  (10); 
offenses  against  punishable,  26  (74); 
presiding  officer,  12  (15) ;  right  of  each 
member  to  present  views  of  hiB 
Government  to  Reichstag,  12  (9). 

Catholic  Church,  see  Roman  Catholic 
Church. 

Cavalry,  see  Military  affairs. 

Chamber  of  Councillors  (Bavaria),  Trans- 
actions, 1842-184S  (cited),  72n. 

Chamber  of  Deputies  (Bavaria),  Trans- 
actions (cited),  72n. 

Charity  and  charitable  institutions,  60 
(10),  84  (58),  122  (216),  123  (225),  149 
(43,44),  150  (49),  178  (51),  182  (69), 
282  (60),  345  (27),  349  (66),  369  (33), 
371  (35),  434  (43). 

Children,  obligatory  education  of,  346 
(39). 

Children,  State  support,  345  (3). 

Chancellor,  7,  12  (15),  478  (3),  479  (11). 

Citizens,  45  (67),  51-52,  59  (1)-61  (14), 
66  (21),  68  (1, 14),  76  (2),  76  (3)-79 
(20),  95  (34),  98  (53),  128  (3-5),  (147- 
149),  157  (108),  165  (2-3),  170  (20-21), 
174  (30),  193-206,  225  (3,4),  242-243, 
258-259,  307-318,  345-348,  366-368, 
369  (26),  374  (49),  385  (2,  4),  387  (17), 
391  (46),  392  (49),  419  (6),  429  (2), 
,  432  (28-31,  32,  41),  433  (34,40),  434 
'  (40,  41,  43),  450-452. 

Citizenship,  8  (3). 

Civil  law,  10  (13) ;  see  also  Judicial  system. 

Civil  list,  302n,  305n,  44  (59). 

Civil  rights,  8  (3). 

Civil  service,  95  (34),  110  (153),  111  (157), 
150  (47-50),  243-244,  254  (89),  419 
(10),  430  (10). 

Civilliste,  241  (17). 


INDEX. 


501 


Coal  mines,  404  (51),  405  (53,  55). 

€obiirg  (city),  350  (73),  351  (76),  342  (1), 
353  (93). 

Coburg  and  Gotha,  see  Saxe-Coburg  and 
Gotha. 

Coinage,  229  (50). 

Commerce,  see  Customs  and  commerce; 
114  (174),  115  (179),  156  (104),  177 
(49-50),  198  (58),  397  (9),  451  (31), 
460  (129),  462  (132),  464  (144a,  151). 

Commercial  Code,  German,  33  (4),  33n. 

Commutation  of  judicial  sentence,  229 
(49),  245  (45),  457  (97);  see  also  (97). 

Condemnation  of  property,  59  (8),  451 
(30). 

Confederation  Act  of  8  June  1815,  5. 

Confederation  of  the  Rhine,  5. 

Confiscation,  311  (55),  348  (51). 

Conscience,  liberty  of,  60  (9),  194  (.32), 
450  (24). 

Constitution:  6;  amendments,  list  of,  7; 
amendments  to  be  made  by  Legis- 
lature, 27  (78);  attempts  against  in- 
tegrity, existence,  or  Constitution  of 
Empire  punishable,  26  (74);  no 
change  in,  acquisition  of  Heligoland 
and  Alsace-Lorraine  6;  text  of,  8-27. 

Constitution,  Imperial,  of  28  March  1849. 
5. 

Constitution  Agreement  of  14  June,  1843 
(Bavaria),  72-75. 

Constitution  and  laws  of  Eixipire,  131  (21). 

Constitution  of  the  North  German  Con- 
federation 1  July  1867,  6. 

Constitutional  duties,  nonfulfilment  of, 
13  (18). 

Consular  affairs,  21  (56). 

Corporate  rights,  347  (46),  369  (27),  370 
(28). 

Court-martial,  228  (37). 

Courts  of  honor,  22  (61). 

Crimes  against  the  State,  26  (74-75). 

Criminal  Code,  7. 

Criminal  law,  10  (13);  see  also  Judicial 
system. 

Customs  and  commerce,  15-17;  Bavaria, 
Wiirttembvirg,  and  Baden  not  to  share 
in  revenue  in  brandy  and  beer,  16 
(38) ;  Bundesrat  committee  on  duties 
and  customs,  11  (8);  collection  and 
administration,  15  (36);  duties,  9  (2); 
Government  monopolies,  15  (35); 
one  customs  and  commercial  terri- 
tory,  15  (33);  quarterly  summaries, 


Customs  and  commerce — Continued. 

16  (39);  revenues  to  go  to  treasury  of 
Empire,  16  (38);  treasury  revenues, 
16  (38);  Customs  Union  Treaty  of  8 
July  1867,  in  force,  17  (40),  see  also 
Duties,  and  Imposts. 

Customs  Union  Treaty  of  8  July  1867,  17 
(40). 

Cyriacus  Foundation,  112  (163). 

Decree  of  2  Feb.  1817  (Bavaria),  51. 

Deichhdnden,  202  (6). 

Dienstpragmatik,  149  (34),  150  (49). 

Diplomatic  relations,  178  (51). 

I  odd,  W.  F.,  Modern  Constitutions 
(cited),  5n. 

Domicile,  right  and  inviolability  of,  76 
(10),  195  (40),  225  (6),  244  (41),  366 
(6),  369  (26),  432  (29). 

Dresden,  283  (63). 

Duties,  76  (9),  137  (62),  177(50),  384(4), 
424  (47),  430  (12),  481  (5). 

Edict  of  1  May  1794  (Brunswick),  112 
(164). 

Education,  37  (21),  95  (34),  123  (223-227), 
124  (229-230),  143  (94),  149  (43-44), 
205-206,  226  (20)-227  (26),  245-246, 
261  (48),  312  (62-63),  327  (141),  329 
(150-151),  332  (213),  346  (37)-347 
(42),  369  (25),  370  (33),  371  (35),  434 
(43,  44),  438  (83),  445  (4),  451  (2a), 
453  (56),  456  (84). 

Ehrenausgaben,  178  (51). 

Election  Law  of  19  Feb.  1872  (Anhalt), 
32-34. 

Elections,  13  (20),  14  (24,  27),  30  (28), 
34  (9,  10),  40  (33,  36),  41  (39-41), 
78  (22-24),  80  (39),  82  (53),  107 
(136),  129-130,  131  (18),  132  (29- 
31),  133  (37,  40),  134  (43),  150  (65), 
158  (3,  4),  160  (13,  23,  28),  162n, 
163  (1,  3),  164  (4-5),  166-167,  168 
(9-14),  170  (20),  171  (22,  23),  172 
(25,  26),  174  (31,  33),  231  (69)-232 
(72),  235  (105),  247  (54),  248  (57,  61, 
63),  265  (85),  283-285,  286  (77),  321 
(105),  355  (112),  360-361,  367  (13), 
375n,  375,  375  (52),  380  (90),  384  (2), 
389  (34),  397  (16)-398  (17),  421  (22- 
25),  422  (29),  429  (7),  435  (49-52),  461 
(132),  462  (1326,  133,  133a),  463  (142a, 
144,  144a),  464  (151),  477  (6),  478,  482 
(9),  488  (5),  489  (10-13),  490  (6-9). 

Electoral  law  for  the  Imperial  Diet  of  the 
North  German  Confederation,  94n. 


502 


INDEX. 


Electoral  Law  of  31  May  1869,  477  (6). 

EUwangen,  462  (133). 

Emigration,  22  (59),  36  (12),  76  (8),  94 
(27),  95  (35),  147  (17),  148  (24),  198 
(55),  226  (11),  242  (25),  313  (69)-314 
(70),  321  (104),  346  (29),  367  (9,  14), 

433  (32),  450  (24),  451  (32-33). 
Emperor:  Administration    of    post    and 

telegraph,  19  (50);  appointive  power, 
13  (18);  command  over  army,  23  (63); 
participation  in  legislation,  13  (17); 
prerogatives  and  duties  in  the  Bund- 
esrat,  12  (10,  12),  13  (16,  17,  18); 
power  to  declare  martial  law,  24  (68); 
power  vested  in,  12  (11);  supervision 
over  all  consular  affairs,  21  (56);  su- 
preme command  in  marine  and  navi- 
gation, 20  (53),  125  (4),  126  (4),  442, 
480  (2-4),  483  (16). 

Empire:  6,  7;  Presidency  of,  12  (11); 
attempts  against  the  integrity  of,  26 
(74-75),  125  (4),  126  (4),  i28  (1), 
131  (21),  136  (60),  165  (1),  176  (45), 
476  (1),  480  (1). 

Empire,  Austrian,  6. 

Empire  (old),  5,  6. 

Erblandmarschall,  187. 

Estates,  30  (22),  32  (35). 

Evangelical  Church:  (Saxe-Meiningen), 
370  (29);    (Waldeck  and  Pyrmont), 

434  (42). 
Evangelical-Lutheran  Church,  121  (214, 

215),  178  (51),  182  (69),  204  (78),  205 
(82),  261  (47),  282  (57),  283  (63),  419 
(4-5),  454  (70),  455  (75-77),  460  (129), 
461  (132a). 

Evangelical  Protestant  Church  (Saxe- 
Altenburg),  325,  326. 

Extradition,  368  (18). 

Federal  Assembly  (of  the  German  Con- 
federation), 448  (3). 

Federal  Council,  126  (4). 

Federal  Diet,  14  June  1866,  6. 

Federal  States  of  the  Empire,  76  (1). 

Federal  territory,  8  (1). 

Fees,  177  (50),  430  (12). 

Feudalism,  58  (5),  146  (9),  147  (11),  223 
(213),  228  (40),  243  (31),  348  (53),  398n, 
433  (38),  449  (15). 

FideUrommissvermoegen,  315n. 

Finance:  Annual  report  of  expenditures, 
25  (72);  appropriation  granted  for 
one  year,  25  (71);  budget  of  army  ex- 


Finance — Continued . 

penses,  23  (62);  loans  may  be  con- 
tracted, 25  (73);  post  and  telegraph 
receipts,  18  (49);  revenues  from  cus- 
toms and  commerce,  16  (38-39); 
revenues,  whence  derived,  25  (70); 
surpluses,  25  (70);  to  be  estimate 
25  (69);  treasury,  16  (38),  18  (49),  20 
(53);  see  also  Customs  and  commerce; 
30  (23),  31  (39),  37  (22),  42  (55),  43 
(57),  44  (61),  45  (63),  49  (79),  55  (15), 
58  (5),  64  (65),  72  (75),  90  (116),  112 
(161-162),  114  (171),  116  (183)-117 
(190),122  (219)-123,(225),  123  (235), 
135  (52),  137  (63),  146  (7,  8,  10),  148 
(30),  149  (43),  150  (46),  151  (67),  152 
(71),  153  (78),  158  (4),  159  (5,  6),  161 
(38),  78  (51),  182  (69),  218-221,  223 
(216),  235  (99,  101,  104),  236  (109), 
240  (14-15),  242  (19-20),  249  (65), 
250  (70)-251  (73),  261  (45),  262-263, 
267  (99-100),  289-292,  323  (113),  331 
(203)-332  (208),  336  (236),  339  (253- 
254),  349  (67-68),  350  (71),  353  (97), 
355  (111-112),  356  (118)-357  (123), 
358  (126),  359  (132),  361  (154),  369 
(26),  372  (42),  374  (47,  48),  375  (54)- 
377  (60),  378  (80),  379  (82,  84),  384  (4). 
388  (20),  390  (34-44),  393  (58),  401 
(33)-402  (40),  403  (48,  50  ,58),  404  (51), 
421  (26),  423  (42)-424  (52),  427  (76- 
84),  438  (82,  8^-85),  439  (88,  89-91), 
448  (3),  453  (56),  458  (109)-459  (123), 
471  (188),  472  (193-194),  477  (4). 

Food  regulations,  311  (55). 

Foreign  affairs:  Bundesrat  committee  on, 
11  (8);  36  (9),  176  (45),  177  (50),  17^ 
(52),  190  (6),  318  (94)-319  (98),  322 
(108-109),  350  (71),  430  (11).  453  (56). 

Forcnser,  318  (91),  321  (106). 

Frankfurt,  merged  with  Prussia,  6. 

Frederick  William  IV  (Prussia),  5. 

Freedom  of  person,  sec  Personal  liberty. 

French,  5. 

P'rench  language,  485  (26). 

Gandersheim,  Abbey  of,  112  (163). 

Gelehrtenschule,  206  (90). 

Gemeinde,  226  (24). 

Genditsverfassungsgesetz,  27  Jan.  1877,  7. 

Gericke,  Else  (translator),  76n,  165n. 

German  citizenship  and  the  Kingdom  of 
Wurttemberg,  448  (3). 

German  Commercial  Code,  33  (4),  33n. 


INDEX. 


503 


German  Confederation,  relatioif  of  Ger- 
man States  to,  5,  6,  31  (48),  35  (1-2), 
50  (83),  61  (14),  92  (7,  11-12),  93  (19), 
95  (31),  131  (22),  145  (1),  182  (2),  190 
(11),  223  (210),  256  (1-2),  259  (26), 
263  (62),  264  (68),  271  (118),  272,  288 
(89),  303,  307  (41),  314  (70,  72),  315 
(77-80),  367  (10),  409  (77),  439  (92), 
447.  448  (3),  450  (23),  452  (42). 

German  criminal  law,  120  (2-5,  206). 

German  Customs  and  Commercial  Union, 
Government  contracts  of  the  Princi- 
pality of  Schwarzburg-Sondershau- 
sen  relative  to,  423  (43). 

German  Empire,  see  Empire. 

German  Federal  Arbitration  Court,  222 
(209),  223  (10). 

German  language,  485  (26). 

German  States,  145  (2). 

Germany,  131  (21),  145  (2),  see  also  Ger- 
man Empire,  German  States,  German 
Confederation,  North  German  Con- 
federation. 

Gliicksburg.  191  (17). 

Goldenbow,  M.  G.  (translator),  419?7. 

Gregory,  G.  D.  (translator),  145r). 

Greiz,  city  of,  246  (53). 

Gustrow.  Duchy  of,  187,  188. 

Hamburg,  7,  8  (1),  15  (34). 
Administrative  authority:  Budgets  of 
administrative  branches,  143  (91,  92); 
claims  of  private  persons  against.  132 
(27);  complaint  against,  decided  by 
Senate,  143  (88);  deputations  for 
particular  branches  of,  143  (80); 
highest  authority  in  State  vested  in 
Senate  and  Corporation,  128  (6); 
method  oi  conducting  business,  142 
(85,  86),  143  (90);  no  jurisdiction 
over  religious  communities,  143  (96) ; 
principal  school  board,  143  (94);  re- 
sponsibility to  State  of  members  of, 
143  (87);  suits  at  law  against,  143 
(89);  supervision  of  charitable  and 
philanthropic  foundations,  143  (95). 
Administrative  Boards,  participation 
of  Corporation  in  elections  to,  135 
(52). 
Army,    Imperial,   Contingents  in,   131 

(21). 
Authority,  executive,  128  (6);  resident 


Hamburg — Continued. 

in  Senate,  131  (19),  132  (26),  137  (61), 
141  (77). 

Boundary,  regulation  of,  128  (2),  137 
(62). 

Burger- Ausschuss,  see  Civic  Committee. 

Biirgerschaft,  see  Corporation. 

Burgomasters:  Tenure  of  office,  131 
(17);  elected  by  Senate,  131  (17). 

Citizens,  rights  of,  128  (5). 

Citizenship,  128  (3-4). 

Civic  Committee:  Acceptance  of  elec- 
tion on,  obligatoiy,  134  (56);  com- 
position and  elections  for,  135  (54, 
55) ;  Corporation,  activities  in  regard 
to,  134  (46,  57),  136  (50);  Corpora- 
tion and  Senate,  decides  differences 
between,  140  (72),  142  (86);  its  rights 
as  to  the  financial  deputation,  135 
(52) ;  members  may  decline  to  serve 
on  administrative  deputations,  142 
(84);  Senate  has  right  to  summon,  131 
(18). 

Civic  communities:  Competence,  136 
(60);  quorum  and  method  of  con- 
ducting business,  136  (58,  53);  su- 
pervised by  Senate,  131  (2,  3);  to 
safeguard  the  ('onstitution,  137  (5). 

Claims  against  State,  132  (27). 

Commercial  treaties  require  ratifica- 
tion by  Senate,  131  (22). 

Communes:  City,  143  (97);  rural,  144 
(98,  100). 

Constitution:  Alteration  of,  128  (2), 
139  (71),  144  (101);  appointment  of 
officials,  132  (22);  oath  to  the  State, 
132  (26);  safeguarded  by  Civic  Com- 
mittee, 137  (5);  violation  of,  132  (27), 

135  (53),  142  (86),  143  (87). 
Corporation:    Assembling  of,  137  (64); 

assent  required  for  ratification  by 
Senate  of  commercial  treaties,  131 
(22);    Civic  Committee  formed  from, 

136  (54,  55);  committees  of,  to  gather 
information  for  legislative  work,  135' 
(51);  compensation  to  members,  134 
(44);  composition  of,  132  (28);  con- 
vening of,  133  (41),  135  (50);  convo- 
cation of,  136  (60);  convocation  of, 
summoned  by  Senate  Chancery,  131 
(18);  discipline  of  members,  135 
(48);    election  of  members,  132  (29^ 


504 


INDEX. 


Hamburg — Continued . 

31);  election  directed  by  Senate,  131 
(18);  eligibility  to  election,  133  (32, 
35,  39,  42);  functions  in  pardoning 
power  of  Senate,  131  (24);  inviola- 
bility of  members  for  speeches  and 
votes  in  Corporation,  134  (48);  leg- 
islative power  in  Senate  and  Corpo- 
ration, 128  (6);  may  pass  resolution 
for  altering  Constitution,  144  (101); 
methods  of  business  of,  134  (45,  47), 
135  (49,  51);  no  binding  instructions 
on  members,  133  (33);  obligation  of 
those  elected  to  membership  of  Cor- 
poration to  serve,  133  (34);  partici- 
pation in  elections  of  members  of  the 
Senate,  129-130;  participation  in 
elections   to  administrative   boards, 

135  (52);  participation  in  enforce- 
ment of  liability  of  members  of  Sen- 
ate, etc.,  132  (27);  retirement  of 
members  from,  133  (42);  right  to  de- 
cline election  to,  133  (34,  36);  right 
to  demand  information  of  Senate  in 
legislation,  138  (65);  tenure  of  office, 
133  (38),  134  (43);  time  of  elections, 
133  (40),  134  (43);  validity  of  elec- 
tion to,  133  (37);  see  also  Legislature. 

Education,  143  (94). 
Election  Law.  132  (29). 
Executive  power,  see  Authority  (Ex- 
ecutive) . 
Finance:  Account  of,  137  (63);  budget, 

136  (60);  financial  deputation,  135 
(52),  136  (56);  income  and  expendi- 
tures of  State,  137  (62). 

Foreign  countries,  Senate  represents 
State  in  relation  with,  131  (22).  136 
(60). 

German  Empire:  An  independent 
separate  State  of,  128  (1);  relations 
with,  131  (22). 

Honoraria,  members  of  Senate,  130  (10), 
131  (16). 

Imperial  Army,  contingents  in,  131 
(21). 

Imperial  laws,  128  (3). 

Judicial  system:  Appeals  to  Imperial 
courts,  139  (71),  141  (76);  judicial 
power  in  Senate  and  courts,  128  (6), 
131  (18,  20);  members  of  courts  of 
justice  excused  from  serving  on  Civic 
Committee,  136  (56). 

Landed  proprietors,  132  (30). 


Hamburg — Continued. 

Legislation:  Legislative  power  in  Sen- 
ate and  Corporation,  128  (6);  pro- 
cedure of  legislative  bodies  in,  137 
(63),  141  (77);  resides  in  Senate  and 
Corporation,  137  (61);  subjects  of  leg- 
islation, 137  (62) ;  to  regulate  bound- 
ary, 128  (2). 

Legislature:  Determines  official  ap- 
pointments, 131  (5),  132  (25);  power 
of  special  enactments  for  budgets  of 
administrative  authority,  143  (92); 
regulation  of  committees  for  promo- 
tion of  commercial  and  industrial 
interests,  143  (93);  see  also  Senate, 
Corporation,  Civic  Committee. 

Oaths  to  the  State.  132  (26). 

Officials:  Claims  of  private  persons 
against,  132  (27);  obligation  of,  to 
furnish  information  to  Corporation  in 
legislative  work,  138  (51);  spiritual 
and  paid  public  may  decline  election 
to  Corporation,  133  (36);  superior, 
appointed  or  confirmed  by  Senate, 
132  (25). 

Pardoning  power:  Granting  of  am- 
nesty, 137  (62);  resident  in  Senate, 
131  (24). 

Pensions  to  members  of  Senate,  130  (10). 

Private  property,  137  (62). 

Privileges,  137  (62). 

Religion:  Freedom  of  belief  and  con- 
science, 128  (5);  not  a  hindrance  to 
citizenship,  128  (5);  religious  com- 
munities, 131  (23),  143  (96). 

Senate:    Appointment  or  confirmation 
of  superior  officials,  132  (25);   assem- 
bly of,  137(64);  chancery  of,  131  (18); 
commercial  treaties,  131   (22);    con^^y  j 
vening  of  Corporation.  135  (50);    de-.  ]] 
cision  in  complaints  against  admin-  ,( 
istrative  authorities,  143  (88);  directs  ; 
election    to  Corporation,    131    (18); 
domicile   of   members  of.    131    (14); 
duties  and  responsibilities  of  mem- 
bers, 132  (27);   duties  and  taxes,  137 
(62);   election  of  members,   129-130; 
elects  the   burgomasters,    131,    (16); 
eligibility  and  noneligibility  to  elec- 
tion to  Corporation,  133  (35);  execu- 
tive function,  137,  (61);    executive 
power  of,  131  (19),  132  (26);   highest 
authority  in  State  with  Senate  and 
Corporation,    128    (6);  honararia   for 


INDEX. 


505 


Hamburg — Continued. 

members,  130  (13),  131  (16);  judicial 
power  of,  131  (19,  20);  loss  of  civic 
rights  for  nonacceptance  of  election 
to  Corporation,  133  (34);  loss  of  civic 
rights  for  nonacceptance  of  election 
to  Senate,  130  (9);  management  and 
supervision  of  education,  143  (94); 
may  summon  Civic  Committee,  136 
(57);  must  furnish  committees  of 
Corporation  with  information  in 
legislative  work,  135  (51);  oath  of 
office,  131  (15);  oaths  to  State  taken 
before,  132  (26);  obligation  to  give 
information  to  Corporation  in  legisla- 
tion, 138  (65);  pardoning  power,  131 
(24);  pensions  for  members  of,  130 
(1 0) ;  ratification  of ,  137 (62) ;  relations 
with  Civic  Committee,  136  (60): 
rei:)resents  the  State  in  relation  with 
other  German  States  and  foreign 
countries,  131  (22);  restrictions  on 
senators  as  to  engaging  in  other  avo- 
cations or  holding  public  office,  130 
(13);  State  loans,  137  (62);  State 
property,  137  (62);  suffrage,-  those 
excluded  from,  132  (31);  summons 
Civic  Committee,  131  (18);  super- 
vision of  civic  and  religious  commu- 
nities, 131  (23);  supervison  of  con- 
tingents in  Imperial  Army,  131,  (21); 
taxes  and  duties,  137(62);  tenure  of 
office  of  members,  130  (10,  11);  terri- 
tory, alienation  of,  128  (2);  treaties, 
commercial,  concluded  by  Senate, 
131  (22);  vacancies  to  be  filled  with- 
in 14  days,  130  (12);  see  also  Legisla- 
ture. 

Treaties:  Commercial,  131  (22). 

Hanover,  merged  with  Prussia,  6. 

Hanseatic  cities,  15  (34),  76  (1),  165  (1). 

Hanseatic    provincial    court   of   appeals 
183  (74). 

Heilbronn,  462  (133). 

Heligoland,    acquisition   of,  involves  no 
change  in  the  Constitution,  6. 

Hesse,  Electoral,  merged  with  Prussia,  6. 

Hesse,  6,  8  (1). 

Charity:  Funds   of   charitable  institu- 
tions, 149  (44),  institutions,  149  (43). 
(Churches,  etc.,  see  Religion, 
(^tizenship,  see  Nationality. 
Commerce,  no  privileges  to,  156  (104), 


Hesse — Continued . 

Commissioners  of  the  Diet,  150  (62). 
153  (81). 

Communes:  Affairs  of,  149  (45);  prop- 
erty of,  150  (46). 

Confiscation  of  an  entire  fortune  abol- 
ished, 156  (105). 

Constitution:  Changes  and  explana- 
tions, 157  (110);  funds  for  widows 
and  orphans,  150  (49);  Grand  Ducal 
House  law  a  part  of,  146  (5);  oath  to 
uphold  by  citizens,  157  (108);  oath 
to  uphold  on  assumption  of  public 
office,  157  (108);  one  for  whole  State, 
1 45  (3) ;  protection  of,  for  internal  con- 
stitution of  churches,  149  (39) ;  protec- 
tion of,  for  special  rights  of  nobility, 
149  (38);  provision  for  exercise  of 
executive  power  by  Grand  Duke, 
145  (4);  responsibilities  of  Ministers 
of  State  and  higher  authorities  to,  157 
109);  State  debt  guaranteed  by,  153 
(78);  upholding  of  by  Grand  Duke, 
156  (106). 

Court,  Grand  Ducal,  expenses,  146  (7), 

D'knstpragmatik,  149  (34).  150  (49). 

Diet:  Competence  of,  general,  150  (66), 
152  (72,  74),  153  (77);  consent  of,  for 
public  use  of  religious,  charitable, 
and  educational  funds,  149  (44);  con- 
sent of  in  mortgaging  property  of 
Grand  Ducal  House,  146  (7);  con- 
vening, proroguing,  and  dissolution 
of,  150  (63,  65);  election  of  members, 
of.  150  (65);  fiscal  legislation,  151 
(67),  152  (71);  freedom  of  speech  and 
inviolability  of  person  during  sessions, 
154,  (83,  84);  function  in  changing 
and  interpreting  Constitution,  157 
(110);  members  of,  may  not  receive 
instructions,  150  (61);  members  of, 
may  not  vote  by  proxy,  150  (61); 
method  of  conducting  business  of 
Assembly,  153  (79),  154  (85), 156  (101), 
petitions  of  individuals  and  corpo- 
rations, 153  (81),  154  (82);  receives 
guaranty  of  Grand  Dukes  on  acces- 
sion to  uphold  Constitution,  156  (106) ; 
right  to  lay  grievances  before  Grand 
Duke,  153  (79,  80);  sessions  of,  open 
to  members  of  Privy  Council  of  State 
and  Commissioners,  not  voting,  150 
(62) ;  statement  of  sold  or  exchanged 


506 


JNDKJr. 


Hesse — Continued . 

land  values  submitted  to,  146  (9); 
tax  levy  151  (67),  152  (09). 

Dominions:  Grand  Duke's  right  to. 
transfer  fief  holds,  147  (11);  inaliena- 
bility of  property  of  Grand  Ducal 
House,  146  (7,  8);  no  encumbrances 
permitted  on  Government  property, 
exceptions,  146  (10);  part  set  aside 
for  liquidation  of  public  debt,  146 
(6);  property  of  Grand  Ducal  House, 
146  (7,  8);  property  of  State,  146  (8). 

Education:  Funds  of  charitable  insti- 
tutions for,  149  (44);  public  institu- 
tions for,  149  (43). 

Emigration:  Nationality  lost  in  conse- 
quence of,  147  (17);  right  of,  148  (24). 

Equality  before  law,  147  (18),  149 
(30-37). 

Estates,  see  Diet. 

Executive  power  vested  in  Grand 
Duke,  145  (4). 

Feudal  holds  and  ties,  146  (9),  147  (11). 

Finance:  Application  of  revenue  from 
Grand  Ducal  Family  property  to 
expenses  of  State,  147  (7).  Fiscal 
legislation  in  the  Diet,  151  (67),  152 
(71);  relation  of,  to  church,  chari- 
table, educational,  and  like  institu- 
tions, 149  (43);  relation  of,  to  prop- 
erty of  the  Communes,  150  (46). 

German  Confederation,  a  constituent 
part  of,  145  (1). 

German  States,  Diet,  resolutions  con- 
cerning relations  between,  145  (2). 

Germany,  Diet  resolutions  concerning 
the  constitutional  relations  of,  145  (2). 

Government:  Form  of,  145  (1,  3);  legis- 
lativis  branch,  see  Diet;  right  of  peti- 
tion to,  for  grievances,  153  (81),  154 
(82). 

Grand  Duke:  Appointment  of  Presi- 
dent of  assembled  Estates  in  specific 
instances,  154  (83);  closes  sessions  of 
Estates  or  by  proxy,  156  (101) ;  conven- 
ing, proroguing,  and  dissolution  of  Pro- 
vincial Estates,  150  (63,  64);  Grand 
Ducal  House  law  a  part  of  Constitu- 
tion, 145  (5);  guaranty  to  uphold 
Constitution,  156  (106);  Head  of 
State  with  all  rights  of  sovereignty, 
145  (4);  hereditary  headship  of  Gov- 
ernment, 145  (5);  inaugurates  legisla- 


Heese — Continued. 

tion,  153  (76);  opens  sessions  of  Es- 
tates or  by  proxy,  155  (88);  position 
hereditary  in  Grand  Ducal  House, 
145  (5);  right  of  Provincial  Estates 
to  lay  grievances  before,  153  (78,  80); 
right  and  prerogatives  as  to  State 
"Dominions,"  146  (6,  11);  sacredness 
and  inviolability  of  person,  145  (4). 

Individual   liberty,    148   (23). 

Industries,  no  special  privileges  to,  156 
(104). 

Inventions,  patents  for,  156  (104). 

Judicial  system :  Arrest  and  procedure  in 
courts  of  law,  148  (31),  149  (34);  civil 
code,  156  (103);  code  of  procedure, 
156  (103);  penal  code,  156  (103); 
penalties  in  courts  of  law,  156  (105); 
Treasury  has  precedence  over  courts 
of  law,  156  (102). 

Labor,   compulsory,    148  (26). 

Landesherren,  see  Nobility. 

Legislature,  see  Diet. 

Military  service:  In  cases  of  emergency, 
148  (28);  legislative  functions  of  Pro- 
vincial Estates  in  regard  to  increase 
of  contingents,  153  (77);  ordinary, 
148  (29);  rights  of  soldiers  to  legal 
pensions,  150  (49). 

Nationality:  Acquirement  of,  147  (13); 
citizenship  defined,  147  (14,  15); 
enjoyment  of  all  public  and  private 
rights,  147  (12);  equal  rights,  liabili- 
ties, and  obligations  of  all  before  law, 
147  (18),  149  (36);  loss  of,  147  (17); 
oath  of  citizens  to  uphold  Constitu- 
tion, 157  (108);  privileges  of  the 
nobility,  149  (37,  38). 

Nobility:  Citizenship  of,  147  (14); 
landed,  privileges  of,  149  (37); 
special  rights  of,  placed  under  Con- 
stitution,   149  (38). 

Non-Christian  nationals,  citizenship, 
of,  147  (15). 

Orphans:  Funds  for  widows  and  or- 
phans, 150  (49). 

Pensions,  see  Public  office. 

Press,  freedom  of,  149  (35). 

Private  property,  148  (23,  27). 

Privy  Council  of  State,  150  (62),  153 
(81). 

Privy  Minister  of  State,  156  (96). 

Provincial  Committee,  147  (10), 


INDEX. 


507 


Hesse — Continued . 

Provincial  Estates,  see  Diet. 
Public  debt:  Guaranteed  by  Constitu- 
tion, 153  (78);  liquidation  by  State 
dominions,  147  (7). 
Public  office:  Examination  for,  150  (47); 
nationality  acquired  by  the  holding 
of,  147  (13,  15);  no  reversion  of,  150 
(48);  oath  to  uphold  Constitution  on 
assumption  of  office,  157  (108,  109); 
pensions,  150  (49);  law  on  responsi- 
bility of  Ministers  and  higher  author- 
ities forms  an  integral  part  of  Consti- 
tution, 157  (109);  wrongs  committed 
by  holders  of,  150  (50). 
Religion:  Amenability  of  ecclesiastics 
to  secular  authorities  in  civil  matters, 
149  (41);  freedom  and  equality  before 
law  of  all  beliefs,  147  (20),  148  (2); 
funds  of  charitable  institutions  for, 
149  (44) ;  grievances  concerning  abuse 
of  ecclesiastical  authority,  149  (42); 
internal  constitution  of  churches 
enjoy  protection  of  State  Constitu- 
tion, 149  (30);  property  of  churches, 
149  (43);  non-Christian  nationals.  147 
(15). 
Servitude,  personal,  148  (25). 
Sovereignty,    vested  in  Grand   duke, 

145(4). 
State:  Expenses  of,  146  (7),  148  (30); 
finances  of,  see  Finances;  officials  of, 
see  Public  Office;  property  of,  146 
(8,  10);  protection  of  institutions,  149 
(43);  service,  see  Public  Office;  Treas- 
ury, 151  (67). 
Taxes,  151  (67),  152  (69);  ground,  146 

(9). 
Women:  Status  as  nationals,  147  (13, 17) 
Widows,  funds  for,  and  orphans,   150 
(49). 
Hofhorigen,  200  (a). 
Holstein,  6,  191  (17). 
Holy  Roman  Empire,  5,  186. 
Howard,  German  Empire  (cited),  8n. 
Hunting,  201  (64),  433  (37). 
Hvdraulic  construction  associations,  223 

'    (217). 
Immigration,  freedom  of,  9  (1). 
Impeachment,  46-47,  221  (200)-222  (208), 

230(61),  379  (88),  436  (66). 
Imperial  Chancellor,  7,  12  (15);  478  (3), 
479  (11). 


Imperial  Constitution  of  28  March  1849,  5. 

Imperial  Council,  479  (11). 

Imperial  Deputation,  resolution,  25  Feb. 
1803,  112  (163). 

Imperial  Gazette,  8  (2). 

Imperial  knighthood,  37  (23). 

Imperial  Law  of  5  April  1886,  7  . 

Imperial  Law  of  26  May  1893,  7. 

Imperial  Military  Law  of  2  May  1874, 
450ri. 

Imposts,  64  (18),  65  (8),  378  (81),  379  (82), 
384  (4). 

Imprisonment.  345  (9),  244  (40). 

Jndigenat,  59  (1-2). 

Industry,  95  (34),  114  (174),  156  (104), 
198  (56),  223  (217),  312  (60),  348  (57). 

Insurrection,  440  (96). 

Integrity  of  the  Empire,  attempt  against, 
26  (74). 

Intellectual  property,  9  (6). 

Inventions,  9  (5),  156  (104),  311  (59). 

Jade,  an  Imperial  naval  port,  20  (53). 

James,  E.  J.,  (cited),  8n. 

Jantsch,  Der  Anhaltische  Landtag  (cited), 
29n,  33n. 

Jena,  270  (113,  114),  392  (51). 

Jente,  Richard  (translator),  35n,  71n, 
256n. 

Jesuits,  not  tolerated,  282  (57). 

Jever,  dominion  of,  189. 

Judicial  system:  Civil  law,  10  (11); 
judicial  relief,  if  justice  is  denied  in 
one  State,  26  (77);  offense  against 
Bundesrat  or  Reichstag  punishable, 
26  (74-75);  procedure,  10  (13);  tribu- 
nal of  last  resort,  26  (75) ;  Law  on  the 
constitution  of  courts  of  justice  of  27 
Jan.  1877,  379n;  36  (14),  37  (15), 
46-47,  59  (8),  68,  76  (4,  7),  86  (68-71), 
104  (116),  105  (121),  101-103,  111 
(159),  115  (174),  118  (191-195),  119 
(196)-120  (208),  121  (210),  139  (71), 
141  (76),  148  (31),  149  (34),  156 
(102-105),  197  (48),  208-207,  219 
(192),  221  (200)-222  (208),  234  (93), 
234  (96),  244-245,  258  (23-24),  259 
(34)-260  (44),  269  (180)-270  (117), 
280-281,  297-300,  341  (266),  324  (126), 
308-311,  391  (48),  392  (51)-393  (59), 
428  (1),  429  (27),  437-438,  443  (6), 
439  (99),  451  (26),  456-457,  462 
(1326),  464  (144a,  151),  473-474. 

Kaufmannskonnvent,  88  (85). 


508 


INDEX. 


Kiel,  an  Imperial  naval  port,  20  (58). 

Kirchspielen,  202  (6). 

Knighthood,  Imperial,  37  (23). 

Kniphausen,  190  (11). 

Kreise,  231  (69). 

Laband,  Die  geschichtliche  Entwiclclung 
der  Reichsverfassung  seit  der  Reichs- 
griindung,  (cited),  7. 

Labor,  148  (26),  194  (38). 

Landesdeputation,  333  (218). 

Landesherren,  149  (37). 

Landesvertretung ,  246  (53). 

Landfolgedienst,  199  (63). 

Landschaft,  187. 

Landtag,  52n,  232  (74),  247  (54). 

Landtag sahschied,  294  (119). 

Landtag sordnung,  295  (120). 

Landwehr,  22  (59),  23  (63),  61  (12),  228 
(38);  see  also  Military  affairs. 

Lauenburg,  8  (1). 

Law,  Imperial,  of  14  March  1881,  139n, 
141n. 

Law,  Imperial,  of  5  April  1886,  7. 

Law,  Imperial,  of  26  May  1893,  7. 

Law  of  4  June  1848,  regarding  the  initia- 
tive of  the  Estates  (Bavaria),  71-72. 

Law  on  the  constitution  of  courts  of  jus- 
tice of  27  Jan.  1877,  379/1. 

Legislation,  8  (2);  see  also  Bundesrat,  and 
Reichstag. 

Legislation  (see  also  Legislative  body  of 
each  individual  State),  29  (18,  20),  30 
(23),  31  (40),  42  (46),  46  (67),  48  (60), 
48  (70),  48  (73),  128  (2,  6),  137  (61,  62, 
63),  141  (77),  159  (7),  246  (52),  153 
(76),  165  (4),  174  (32),  175  (37,  38,  40), 
176  (41,  44-45),  177  (47,  49,  50),  179 
(52),  211  (213),  212  (136-137),  230  (62, 
63),  231  (64), 250  (69),  263-264,287-289, 
339  (251-252),  353  (97),  354  (104-105, 
108),  355  (110,  114),  359  (132),  378- 
381,  414  (26),  421  (21),  422  (34),  423 
(44),  423  (45),  424  (54). 

LeJmsierband,  228  (40). 

Leipzig,  283  (63). 

Lentz,  Max  (translator),  396n. 

Lese-majesty,  398  (17). 

Liberal  movement  in  Germany,  5. 

LIppe,  8  (1). 

Administrative  authorities,  s«€  Govern- 
ment, administrative  authorities. 


Lippe — Continued. 
Deputies:  Committee,  election  of,  158 
(3),  160  (28) ;  committee,  functions  of, 

158  (3),  161  (37,  38);  committee,  sal- 
aries, 162  (40);  salaries,  161  (34); 
Provincial,  158  (4);  see  also  Diet. 

Diet:  Administration  of  provincial 
affairs  outside  of,  158  (3);  consent  of, 
necessary  for  new  tax  levy  (see  also 
Estates,  provincial,  and  Tax  levy), 

159  (5,  6);  convening  of,  and  sessions, 

160  (24,  27,  29),  161  (33,  35);  depu- 
ties, committee,  158  (3),  160  (28),  161 
(37,  38);  deputies  of,  161  (34);  depu- 
ties, provincial,  161  (31,  37);  election 
of  deputies  of,  160  (13,  23);  election 
of  Provincial  Syndic,  160  (28);  Gov- 
ernment budget,  159  (6);  loans,  159 
(5);  method  of  conducting  business, 

160  (30),  616  (32);  reports  of  Provin- 
cial Estates,  159  (5,  7);  salary  of  mem- 
bers, 161  (34);  Syndic,  Provincial, 
158  (4);  161  (39);  taxes,  159  (5); 
Treasury,  provincial,  161  (38);  see 
also  Estates,  Provincial;  and  Depu- 
ties. 

Election  Law,  appended  to  Order  of  8 
June  1819,  158. 

Elections,  158, 162n,  163  (1,  3),  164  (4-5); 

of  deputies  of  provincial  committees, 

.  158  (3);  of  deputies  of  the  Diet,  160 

(13,   23);  of  Provincial  Syndic,   158 

(4). 

Estates,  Provincial:  Abuses  of  admin- 
istrative authorities,  159  (7);  admin- 
istration of  provincial  affairs  outside 
of  the  Diet,  158  (3) ;  business  of,  con- 
ducted by  Provincial  Syndic,  158 
(4);  committee,   deputies,    160  (28), 

161  (37,  38);  composition  and  appor- 
tionment of,  159  (8,  12);  deputy  to 
High  Court  of  Justice,  159  (5);  legisla- 
tion, 159  (7);  loans,  159  (5);  meet- 
ings of,  160  (24);  Provincial  Syndic, 
160  (28);  reports  to  Diet,  159  (5); 
rights  and  deputies,  158-159;  State 
servants,  159  (7);  tax  levy,  159  (5); 
see  also  Diet. 

Government:  Administrative    authori- 
ties, 159(7);  budget,  159  (6). 
Justice,  High  Court  of,  159  (5). 
Legislation,  Provincial  Estates,  159  (7). 


INDEX. 


509 


T>ippe — Continued . 
Loans,  159  (5). 
Order  of  Business  of  31  August  1819, 

158. 
Order  of  8  June  1819,  158. 
Pactum  tutorium,  159  (5),  160  (26). 
Pactum  unionis,  159  (5). 
Provincial    affairs,    administration    of, 

158  (3). 

Provincial  deputies,  161  (31,  37). 

Provincial  Syndic,  see  Syndic,  Provin- 
cial. 

Salaries,  158  (4),  162  (40). 

Sovereign:  Approval  necessary  in  elec- 
tion of  deputies,  158  (3);  approval  of, 
for  Provincial  Syndic,  158  (4);  ap- 
proval of  Salaries,  162  (40);  conven- 
ing of  Diet,  160  (24,  27,  29);  death 
of,  160  (24);  prerogatives,  159  (5); 
prerogatives  in  Elections,  158  (3); 
provincial  guardianship,  159  (5),  160 
(26). 

State,  servants  of,  158  (4),  159  (7). 

Syndic,  Provincial:  election,  158  (4); 
functions,  158  (4),  161  (39);  qualifi- 
cations. 158  (4);  salary,  158  (5),  162 
(40). 

Taxes,  159  (5-6). 

Treasury:  general,  158  (4);  provincial, 

159  (5),  161  (38). 
Lippe,  Princely  House  of.  91. 
Liquors,  taxation  of,  15  (35). 
Loans,  see  Finance. 

Ludgeri.  St.,  Monastery  of.  112  (163). 
Ludwigsburg,  462  (133). 
LUbeck,  8  (1).  189. 

Appropriations  not  in  budget,  182  (1). 

Archives,  State  custodian  of,  169  (17). 

Budget,  State,  178  (3),  182  (1-2). 

Biirgerschaft,  see  Corporation. 

Burgomaster:  166  (2,  3),  167  (9),  169 
(16),  177  (49),  195  (85);  Election  of, 
168  (14):  substitute  for,  169  (15). 

Chancery,  records  of  169  (17). 

Charities,  178  (51),  182  (69). 

Citizenship:  174  (30);  honorary,  170 
(20);  suffrage,  right  and  use  of,  170 
(20-21),  172  (24);  citizenship  and 
membership,  165  (2-3). 

Civic  Committee:  169  (18),  173  (27, 
29),  174  (30,  31),  175  (35,  37),  176 
(44),  175  (52),  179-183;  Constitution 
of,  and  election  to,  179  (53),  180  (57); 
functions  of,  182  (69),  183  (72);  pro- 


Liibeck — Continued . 

cedure   of   meetings,    181    (59),    182 
(68);  sessions,  180  (54,  55,  58). 

Commercial  affairs,  177  (50). 

Communal  affairs,  169  (18). 

Constitution,  177  (1).  183  (74-75). 

Corporation:  165  (6,  7),  166  (3),  169 
(18);  administrative  boards,  173  (26); 
administrative  functions.  177  (51); 
archives  of,  175  (35);  composition  of, 
170  (19),  175  (39);  elections  in,  175 
(41),  176  (43),  179  (53,  54),  183 
(76),  184  (79):  legislative  functions, 
165  (4).  177  (50),  179  (53);  legislative 
procedure.  175  (40),  177  (49);  mem- 
bership, election  to,  170  (20),  174 
(33);  membership,  eligibility  for,  172 
(25,  26),  174  (31);  mem])ership,  rights 
and  obligations  of,  172  (26);  member- 
ship, tenure  of  office,  172  (26),  173 
(27);  participation  in  election  to 
membership  of  Senate,  166-167; 
presiding  officer,  see  Speaker  of  the 
Corporation;  procedure  in  continued 
disagreement  with  Senate.  183-185; 
recorder.  177  (47);  secretary  of.  175 
(31);  sessions,  175  (37,  38);  Speaker 
of.  see  Speaker  of  Corporation:  see 
also  Civic  Committee. 

Debts,  public,  179  (5). 

Diplomatic  relations,  178  (4). 

Duties,  177  (50). 

Ehrenausgahen,  178  (51). 

Election  districts.  171  (22),  172  (23). 

Embassies.  178  (51V 

Empire,  an  independent  State  of, 
165(1). 

Endowments,  private,  182  (69). 

Evangelical  Lutheran  Church,  178  (51), 
182(69). 

Fees,  177  (50). 

Foreign  Relations,  176  (45),  177  (50), 
179  (52). 

Funds  (public  for  various  purposes), 
178  (51). 

Government:  Administration,  169  (18), 
177  (50)-178  (51);  power  vested  in, 
165  (4). 

Hanseatic  provincial  court  of  appeals, 
183  (74). 

Imperial  affairs,  176  (45). 

Income  tax,  170  (20). 

Loans,  178  (51). 

Municipal  treasurer,  178  (51). 


510 


INDEX. 


Liibeck — Continued . 

Navigation.  177  (50). 

Obmann.  167  (10). 

Police  ordinances,  177  (50). 

Privileges,  177  (50). 

Property  (public),  178  (51),  182  (69). 

Ratssetzung,  169  (16). 

Religion,  provisions  in  regard  to,  177 
(50). 

Secret  Commission,  179  (52),  183  (72). 

Senate:  Administrative  functions,  169 
(18),  177  (50),  178  (51).  179  (52); 
archives,  State,  169  (17);  boards, 
chairmanships  of,  169  (16);  Burgo- 
master of.  see  Burgomaster;  business, 
assignment  of,  169  (16);  Chancery, 
secretaries  of,  169  (17);  Commissaries, 
175  (38,  41),  177  (46,  47),  181  (61, 
62,  63);  composition  (see  also  Burgo- 
master), 163  (5),  168  (14,  15);  com- 
munal affairs  of  the  city  of  Lubeck, 
169  (18);  Corporation  with  Civic  Com- 
mission, 180  (58),  181  (61,  63,  65),  182 
(67,  68,  69,  70),  183  (71,  72);  Elections 
in,  183  (76),  184  (79);  functions  of,  165 
(4),  honorary  expenditures  of  (Ehre- 
nausgaben),  178  (4),  inauguration  of 
new  members  in,  168  (10);  legislative 
articulation  with  Corporation,  174 
(32),  175  (37,  38),  176  (41,  44,  45),  177 
(47,  49),  178  (4);  membership,  elec- 
tion to,  166-167, 168  (8);  membership, 
eligibility  for,  165  (6),"  membership, 
pensions,  168  (11);  membership,  rights 
and  obligations  of,  168  (9,  12.  13); 
membership,  salaries.  168  (11);  mem- 
bership, tenure  of  office,  168  (9,  11); 
membership,  vacancies,  168  (8);  pre- 
siding officer,  see  Burgomaster;  pro- 
cedure in  continued  disagreement 
with  Corporation,  183-185;  records  of 
169  (17). 

Speaker  of  (Corporation:  173  (28),  174 
(29,  32),  175  (37,  38,  39),  176  (44),  177 
(47);  election  of,  174  (34),  175  (36); 
tenure  of  office,  173  (34). 

Steuerjahre.  171  (22). 

Suffrage,  right  and  use  of,  170  (20-21). 

Taxes,  170  (20),  177  (50). 

Treaties,  177  (50),  179  (52). 

Unterhezirke,  173  (28). 

Zentral-Annendeputation,  178  (51). 
Liineburg,  91. 
Liineburg,  Princely  House  of,  93  (14). 


Mails,  sanctity  of,  227  (33),  243  (28),  259 

(27). 
Malchin,  187. 

Marine  and  Navigation,  9  (7),  20-21,  177 
(50),  478  (9);  Bundesrat  committee 
on,  11  (8);  expense  to  be  defrayed 
from  treasury,  20  (53);  flag  of  naval 
and  merchant  marine,  21  (55);  free 
ports,  15  (34);  Kiel  and  Jade,  Impe- 
rial naval  ports,  20  (53);  license  to 
command  seagoing  vessels,  21  (54); 
seafaring  men  and  shipbuilding  arti- 
sans to  serve  in  navy,  21  (53);  signals 
of  navigation,  9  (9);  under  supreme 
command  of  Emperor,  20  (53); 
united  mercantile  marine,  21  (54). 
Mark  associations,  224  (218). 
Markgenossen,  97  (43). 
Marriage,  312  (64);  civil,  226  (19),  349  (66), 

433  (40). 
Martial  law,  power  to  declare,  24  (68). 
Mecklenburg-Schwerin,  8  (1). 
Mecklenburg- Schwerin  and  Mecklen- 
burg-Sterlitz:  Burgermeisttr,  187. 
Constitution:  no  written  constitution. 

186. 
Diet:  convocation  diets,  188;  directory 

of,  187;  one  diet,  186;  period,  187. 
Directory  of  diet,  187. 
Domains,  187. 
Erblandmarschall,  187. 
Estates,  186,  187,  188. 
Giistrow,  Duchy  of,  187,  188. 
Landschoft,  187. 
Malchin,  187. 
Neubrandenburg,  188. 
Neu-Strelitz,  188. 
Order  Patent,  28  Nov.  1817,  186. 
Parchim,  188.  ^' 

Property  ownership,  187. 
Provincial  Estates,  186,  187. 
Ptatzeburg,  188. 
Regalia  maiora,  186. 
Ritterschaft,  187. 
Rostock,  187,  188. 
Schwerin,  Duchy  of,  187. 
Schwerin  Order,  10  Oct.  1849,  187. 
Sternberg,  187. 
Wismar,  187,  188. 
Mecklenburg-Strelitz,  8  (1). 
Medical  and  veterinary  matters,   police 

regulation  of,  10  (15). 
Meiningen  (city),   375  (54).   376  (55,  56. 
57). 


INORX. 


511 


Military  affairs,  lO  (14),  22-25;  army, 
readiness  for  action,  23  (63);  army 
under  command  of  Emperor,  23  (03); 
Bundesrat  Committee  on  Army  and 
Fortifications.  11  (8);  cavalry,  length 
of  service.  22  (59);  cost  of,  22  (58); 
contingents  from  Hamburg,  131  (21); 
courts  of  honor,  20  July  1843,  22  (61); 
emigration  of  reserves,  22  (59);  em- 
ployment of  army  for  police  pur- 
poses, 24  (06) ;  expenditures  of  army, 
to  be  fixed  by  budgetary  law.  23  (62); 
army,  expenses  of,  22  (61);  fortresses, 
construction  of.  24  (65);  Landwehr, 
22  (59);  length  of  service,  22  (59); 
liability  to  military  duty.  22  (57); 
martial  law,  power  to  declare.  24 
(68);  military  oath,  24  (64);  military 
penal  procedure.  3  April  18^5.22(61); 
mobilization,  23  (63);  mounted  field 
artillery,  22  (59);  National  Guard,  22 
(59);  no  substitute  accepted,  22  (57). 
officers,  24  (64,  66);  36  (10).  61  (12), 
92  (9),  95  (34,  35),  96  (40),  100  (97, 
102),  105  (120),  120  (20),  126  (4),  131 
(21),  148  (28,  29),  150  (49),  153  (77), 
219  (192),  227  (34),  228  (35,  37),  236 
(108),  243  (33),  259  (28),  315  (77-80), 
232  (212),  346  (29),  347  (47,  48).  348 
(59),  361  (154),  430  (9),  432  (31).  433 
(32),  439  (93),  440  (96),  450  (23),  453 
(56).  457(99-101). 

Military  Agreement  of  21/25  Nov.  1870. 
45071 . 

Military  Convention  between  Prussia  and 
Waldeck  on  24  Nov.  1877,  439rj. 

Military  Law,  Imperial,  of  2  Maj   1874, 
450w . 

Military  penal  code,  3  April  1845,  22  (61). 

Mobilization,  see  Military  affairs. 

Monopolies,    Government.    15    (35),    311 
(59). 

Moratoria.  121  (209).  245  (44).  261  (45), 
281  (54).  438  (82). 

Mosaic  Religion.  367  (12). 

Munich,»51. 

Napoleon,  5. 

Nassau,  merged  with  Prussia,  6. 

National  Assembly  18  May  1848,  5. 

National  Guard,  see  Military  affairs. 

Naval  and  Military  Affairs  under  super- 
vision of  Empire,  10  (14). 

Navigation,  see  Marine  and  Navigation. 

Neubrandenburg,  188. 


Neubruch,  199  (63). 
Neu-Strelitz,  188. 

Nobility.  39  (29),  61  (3,  4),  147  (14),  149, 
(37,  38).  274-278,  283  (63)-284  (65), 
292(108),  460(129). 
North  German  Confederation.  6,  13n, 
35  (1),  94n,  238  (1),  254  (91),  396  (2), 
401  (36).  405  (52),  406  (61),  409  (77). 
Notaries,  223  (215). 

Oath,  official,  52.  55  (16),  67  (25),  221 
(198).  237  (119),  287  ,(82),  297  (139), 
346  (30),  361  (157),  362  (161-166), 
363  (169)-364  (177),  367  (11),  380  (92), 
394  (65),  394  (67)-395  (69),  413  (18), 
417  (47).  418  (48),  421  (18),  422  (21), 
431  (17,  18,  21),  435  (59),  448  (10),  449 
(14),  450  (20),  453  (45),  466  (163). 
Ober-Appellationsgericht   (Saxe-Weimar- 

Eisenach).  .392n. 
0  6er/ari  d'es^'mc/i « ( Saxe-Weimar-E  isenach ) , 

392/7. 
Obmann,  107  (10). 

Officials,  appointed  by  Emperor,  13  (18). 
Oldenburg,  8  (1). 
Agriculture,  utilization  of  uncultivated 

areas.  224  (219). 
Alienation;     not    permissible  without 
consent  of  Diet,  189  (3);  of  Govern- 
ment property,  217  (181). 
Catholic  Church.  204  (78),  205  (82). 
Citizenship,    193-206;  arrests,  195  (39); 
assembly,  right  to,  197  (50);   banish- 
ment, judicial,  not  imposed,  196  (44) ; 
belief  and  conscience,   freedom  of, 
194   (32);     bondage   and   subjection 
conditions,  199  (63);  commercial  and 
industrial  privileges,  granting  of,  198 
(58);   complaints,  right  to  make,  196 
(47);   confiscation  of  fortune  not  per- 
mitted, 196  (45);    courts  at  disposal 
when  private  rights  are  injured,  197 
(48);    domiciliary  search,    195   (40); 
emigration,   198  (55);    equal  rights. 
193  (31);  exceptional  jurisdiction  not 
allowed,  194  (38);  forced  labor  estab- 
lishments. Grand  Duchy  of  Olden- 
burg, 29  May  1821,  194  (38);   forced 
labor  establishments,  principality  of 
Birkenfeld,  30  May   1844,    194   (38); 
hunting  laws,    201   (64);     industrial 
and  commercial  privileges,  granting 
of,  198  (58);    industries,  freedom  of, 
198  (56);    industries,  restrictions  of, 
198  (56);  lawful  order  and  jeopardized 


512 


INDEX. 


Oldenburg — Continued. 

freedom  may  be  restored  by  State 
government,  197  (54);  letters  and 
papers,  seizure  of,  196  (41);  liberty, 
personal,  is  inviolable,  194  (38);  mili- 
tary authority,  interference  of,  197 
(53);  military  liability,  193  (31); 
moratoriums,  197  (49);  oath,  form  of, 
194  (37);    Oldenburg  State,  right  of, 

193  (30) ;  petitions,  right  to  make,  196 
(47);  property  rights,  198  (60,  61), 
199  (62);  protectorial  and  seignorial 
conditions,  199  (63);  public  offices, 
holding  of,   193  (31);    punishments, 

194  (43);  representations,  right  to 
make,  196  (47);  societies,  right  to 
form,  197  (51);  speech,  freedom  of, 
196  (46);  taxation,  system  of,  201 
(65). 

Communes,  Political,  202-203. 

Constitution:  Amendment,  require- 
ments for,  223  (212);  appendices,  224 
(221);  dissemination  of  knowledge  of 
Constitution,  224  (221) ;  pending  laws 
to  remain  in  force,  224  (220);  viola- 
tion of,  222(200). 

Constitution  of  18  Feb.  1849,  189. 

Crown  and  domanial  property,  192  (17), 
217  (179),  218  (184-186),  224  (I,  II). 

Deichbdnden,  202  (Q). 

Diet:  Arrests  of  deputies  shall  not  be 

.  made  on  journey  to  Diet,  211  (132); 
assembly,  organization  of,  209-210; 
business  relations,  211  (128);  compen- 
sation of  deputies,  215  (164);  com- 
plaints, 212  (134);  convocation,  213 
(144);  deputies,  209,  210;  deputies, 
election  of,  209  (118,  120);  deputies, 
furloughs,  210  (121);  deputies,  man- 
.  date  of,  210  (122);  deputies  not  held 
responsible  for  vote  or  utterances  in 
Diet,  211  (131);  deputies,  qualifica- 
tions of,  210  ( 124) ;  difference  of  opin- 
ion between  State  Court  and  Diet,  222 
(209);  duration,  213  (147);  extra  ses- 
sion, 213  (146);  functions  of.  211 
(213);  Grand  Duchy,  united  in  one 
single  chamber,  209  (112);  judicial 
inquiry  can  be  ordered  by  Diet,  222 
(208);  Ministers  entitled  to  attend 
sessions,  214  (156);  minutes  to  be 
published,  215  (162);  oath,  211  (130); 
opening  of,  by  Grand  Duke,  214  (152); 


Oldenburg — Continued.  ' 

permanent     Diet     Committee.     215 
(166);    president,  elected  by  secret 
ballot,  210  (125);    president  to  vote 
with  deputies,  214  (161);    proposed 
legislation,  212  (138);    quorum,  214 
(159);   representations  to  be  made  to 
Diet  in  writing  only,  212  (135);  reso- 
lution adopted  by  majority,  214  (160); 
right  to  present  wishes,  recommenda- 
tions,  or  complaints  to  ministry  of 
State    or    Grand    Duke,    211    (133); 
rights,  to  enforce,  211  (127);  sanction 
of  Grand  Duke,  215  (163);    secreta- 
ries, to  attend  to  clerical  work,  210 
(126);  sessions  to  be  public,  214(157); 
sessions  to  be  secret  in  exceptional 
cases,  214  (157);    suspension  of,  213 
(149);    validity  of  laws,   213  (142); 
voting,  right  to  follow  own  conscience , 
211  (129);    see  also,  Permanent  Diet 
Committee. 
Domains,  see  Crown  and  domanial  prop- 
erty. 
Education,  205-206. 
Estates,  entailed,  abolished,  223  (213). 
Evangelical  Church,  204  (78),  205  (82). 
Feudal  tenure,  abolished,  223  (213). 
Finance:    Appropriations,    218   (188); 
budget,  218  (189);    contribution  by 
principalities,  220  (195);    debts,  can 
not  be  levied  or  collected  without 
consent  of  Diet,  218  (187);   delay  in 
budget,  219  (191);   emergency  meas- 
ures, 219  (193);   estimates  placed  be- 
fore Diet,   218   (190);    expenditure, 
scope  of,  220  (195);   loans  can  not  b'^ 
levied  or  collected  without  consei 
of  Diet,  218  (187);  remission  of  taxe 
and  revenues,  220  (194);  salaries  and 
expenses  of  military,  judicial,   and 
administrative    service,    219    (192) 
supervision  of  collection  employment 
by  Diet,  220  (196);   taxes  can  not  be 
levied  or  collected  without  consent 
of  Diet,  218  (187). 
Foundations,  income  of,  223  (216). 
Funds,  income  of,  223  (216). 
Gelehrlemchule,  206  (90). 
German  Confederation,  180  (2).  190  ( II), 

223  (210). 
German  Federal  Arbitration  Court,  222 
(209),  223  (10). 


INDEX. 


513 


Oldenburg— Continued. 

Government:  Form  of ,  190(24);  prop- 
erty, 217  (179-183);  seat  of,  191  (14); 
service,  207-208. 

Grand  Duke:  Abode  of,  191  (4);  ap- 
points all  officers,  190  (7);  appoints 
and  dismisses  members  of  Ministry, 
190  (12);  can  be  sued,  190  (4);  en- 
forces laws,  190  (5) ;  Family  Law  sub- 
mitted to  Diet,  193  (29);  Government 
hereditary,  191  (17);  heir  takes  part 
in  deliberations,  191  (13);  Jordship 
over  dominion  of  Kniphausen,  190 
(11);  minor,  education  of,  193  (28); 
minor,  guardianship,  193  (27);  not 
responsible  for  exercise  of  govern- 
mental power,  190  (12);  not  to  be  in 
service  of  any  other  nation,  191  (15); 
pardon,  right  of,  190  (10);  person  is 
sacred,  190  (4);  prevention  of  exer- 
cise of  power,  192  (22);  regency  to 
devolve  upon  wife,  192  (22);  rela- 
tions of  household,  193  (29);  repre- 
sents Grand  Duchy  externally,  190 
(6);  rewards  distinguished  service, 
190  (9);  substitution  of  power,  191 
(16);  succession,  191  (17). 

HofJwrigen,  200  (a). 

Hydraulic  construction  associations, 
223  (217). 

Impeachment  proceedings,  221  (200)- 
222  (208). 

Indivisible  State,  189  (2). 

Inheritance  of  Crown,  192  (18). 

Institutions,  income  of,  223  (216). 

Judicial  system:  Administration  of 
justice,  206-207;  Impeachment  pro- 
ceedings, 221  (200)-222  (208),  State 
Court,  222  (205),  224  (III). 

Kirchspielen,  202  (6). 

Landfol'jedienst,  199  (63). 

Legislative  procedure,  212  (136-137). 

Marks  and  mark  associations,  224  (218). 

Member  of  German  Confederation, 
189  (2). 

Ministry  of  State:  Responsible  for  con- 
duct of  Government,  190  (12);  to 
report  to  Diet,  191  (12). 

Nenbruch,  199  (63). 

Notarial  system,  223  (215). 

Oath  of  office,  221  (198). 

Permanent  Diet  Committee:  Activities 
confined   to   period   between   Diets, 
92975—19 33 


Oldenburg — Continued. 

215  (168);  chairman  has  vote,  216 
(176);  composition  of,  215  (169); 
duties,  216  (173);  majority  vote  neces- 
sary, 217  (176);  meeting  place,  217 
(175);  members  have  same  rights  as 
deputies,  216  (172);  publicity,  216 
(177);  report  to  Diet,  216  (178). 
Private     property     of    Grand     Ducal 

Family,  218  (186),  224  (II). 
Provincial  Council,  224  (IV). 
Public     utilities,    regulation    of,     223 

(217). 
Realgymnasien,  206  (91). 
Regency,  192  (20),  221  (197);  owing  to 
minority  of  Grand  Duke,  193  (26); 
to  devolve  upon  wife,  192  (22). 
Religion,  194  (32-37),  religious  denom- 
inations and  organizations,  203-205. 
Schulachten,  202  (6). 
Sielachten,  202  (6). 
Stammjuter,  223  (273). 
State  Court,  222  (205),  224  (III). 
Succession    to    throne,    191    (17),    221 

(197). 
Territory,  189  (1). 
Tertia  maroalis  abolished,  224  (218). 
Treaties,  190  (6). 
Vogteien,  202  (6). 
Waste  lands,  224  (218). 
Orders  (decorations),  229  (50). 
Orphans,  150  (49). 
Parchim,  188. 

Pardon,    37    (15),    120    (208),    190    (10), 
257    (7),    281    (52),    .309    (48),    316n, 
397  (10). 
Patents,  9  (5). 

Paupers,  9  (3),  313  (68),  369  (21),  453  (142). 

Personal  liberty,  36  (13)^  45  (65),  59  (8), 

76  (5),    148  (23),   199   (63),   225  (5), 

242  (25),  278  (27),  310  (51),  330  (201), 

432  (29),  450  (24). 

Petition  and  complaint,  right  of,  96  (38), 

153  (78)-154  (82),  196  (47),  258  (22), 

264    (76),    279    (36),     292    (109)-293 

(111),  313  (65-66),  324  (55),  332  (216), 

347  (48),  353  (97),  379  (87),  380  (93), 

402    (42),    425    (61),    433    (33),    452 

(36-38). 

Pietscher,  Das  Staatsrecht  des  Herzogtums 

Anhalt  (cited),  29n. 
Police:  Employment  of  army  for  police 
purposes,  24  (66). 


514 


INDEX. 


Police  and  policing,  99n,   100  (99).  105 

(123),  111  (160).  114  (174),  118  (194), 

120  (204),  311  (55),  347  (44-45).  360 

(141),  381  (100),  438  (81). 

Poly  technical   High   School   (Stuttgart), 

460  (129). 
PoBener,  Die  Staatsverfassungen  des  Erd- 

balls  (cited),  28n,  186,  225^t. 
Post  and  Telegraph,  7,  10  (10),  18-20. 
104  (116).  350  (71);  Bavaria  and 
Wiirttemberg  not  to  share  in  receipts 
of,  20  (52);  Bundesrat  Committee 
on,  11  (8);  Emperor  shall  have  ad- 
ministration, 19  (50);  intercourse 
between  Bavaria  and  Wiirttemberg 
with  neighboring  States  not  part  of 
Empire,  20  (52);  receipts  to  belong 
to  a  common  fund,  18  (49);  regulation 
concerning  foreign  countries.  20  (52); 
are  State  institutions.  18  (48); 
surplus  of  receipts  to  go  to  treasury, 
18  (49). 
Prdsidium   (Chairman  of  the  Diet).   249 

(65). 
Pragmatic  sanction,  1  Oct.  1806  and  18 

Nov.  1808,  43  (58). 
Prague,  Peace  of,  6. 
Presidency  of  Confederation,  12  (11). 
Presidency  of  Empire,  12  (11). 
Press  laws,    11    (16),    37    (17),    61    (11), 
95  (31),  149  (35),  227  (27).  259  (26), 
279  (35),  347  (43),  432  (30).  451  (28). 
Pressburg,  Peace  of,  5. 
Primary  voter,  231  (70). 
Primogeniture  Constitution  of  12  March 

1802  (Saxe-Meiningen),  365  (3). 
Property:  Private,  36  (13-14),  37  (16-20). 
45  (65),  59  (8),  77  (19).  9.5  (32.  33), 
105  (121),  120  (207),  148  (23.  27). 
187,  226  (9),  243  (30).  258  (21). 
276  (21),  278  (31),  307  (39).  310  (54) 
-311  (57),  318  (92),  330  (201),  347 
(49),  348  (4),  392  (49).  414  (24). 
433  (34),  450  (24);  public  and  »\)- 
manial,  43  (58-59),  56-59,  96  (39). 
112  (162),  113  (166).  114  (171,  173). 
117  (189),  119  (198),  126  (6),  178  (51), 
182  (69),  187,  192  (17),  217  (179), 
218  (184-186).  224  (I,  II),  240 
<ia-16),  241  (17),  274-278.  292  (108). 
302  (3),  305n,  315r?,  322  (110).  348 
(61-62),  356  (117),  362  (160),  368 
(16-17),  369  (20,  22,  26),  371-374, 
384  (4),  390  (38-40),  403  (48.  49.  50), 


Property:  Private — Continued, 

404  (51).  405  (55),  408  (70).  412  (9), 
413   (10-11),    415   (31),    421    (19-20), 
424  (51.  53.  54)  .427   (83),   433   (34). 
451  (.30). 
Protestant  Church  (Baden),  37  (27). 
Provincial  Law  of  1859,  (Anhalt),  28 '(I) 
Prussia,  5,  6,  429n,  439/?.  442-4l(>. 

Anordnung,  231  (65). 

Army,  see  Military  affairs. 

Assembly,  right  of,  227  (29). 

Beh6rde,'23b  (106). 

Bezirke,  see  Districts. 

Budget,  see  Finance. 

Censorship,  227  (27). 

Chambers,  see  Diet. 

Circuits,  electoral,  235  (105). 

Citizens:  Equality  before  law,  225  (4); 
rights  of,  225  (3). 

Coinage,  right  of.  belongs  to  King, 
229  (50). 

Communes,  235  (105). 

Constitution:  And  existing  laws  and 
taxes,  236  (109);  may  be  amended, 
236  (107);  suspansion  of  certain  ar- 
ticles in  event  of  war,  236  (111). 

Corporate  rights,  227  (31). 

Com-t-martial,  228  (37). 

Courts:  Jurisdiction  of,  234  (96);  pro- 
ceedings to  be  public,  234  (93). 

Crown,  hereditary  in  male  line,  229  (53). 

Crown  fiefs,  228  (41). 

Deputies,  see  Diet,  deputies. 

Diet,  231  (65);  credentials  and  order  of 
business,  232  (78);  deputies,  eligi- 
bility, 232  (74);  deputies  chosen  by 
electors,  232  (72);  electoral  districts, 
231  (69);  emergency  legislation,  230 
(63) ;  First  Chamber  formed  by  Royal 
ordinance,  231  (65,  68);  legislative 
power  vested  in  King  and  two  Cham- 
bers, 239  (62);  legislative  period,  232 
(73);  members,  criminal  procedure 
against,  233  (84);  members,  freedom 
from  arrest,  233  (84);  Ministers  en- 
titled to  vote,  230  (60);  Ministers 
shall  be  heard,  230  (60);  opening  and 
closing  by  King,  232  (77);  period,  232 
(76);  procedure,  232  (80);  qualifica- 
tions for  election,  231  (20);  reelection 
of  members,  232  (75) ;  right  to  propose 
laws,  231  (64);  Second  Chamber,  231 
(69);  sittings  to  be  public,  232  (79); 
tenure  and  loss  of  office,  232  (73,  78). 


I ISTDEX. 


515 


Prussia — Continued . 

Districts,  electoral,  231  (69,  71),  235 
(105). 

Domicile  inviolable,  225  (6). 

Education,  226  (21-26). 

Elector,  how  chosen,  231  (71). 

Electoral  districts,  231  (69,  71),  235 
(105). 

Electors  choose  deputies,  232  (72). 

Emigration,  freedom  of,  226  (11). 

Equality  before  law,  225  (4). 

Executive  power  belongs  to  King,  229 
(45). 

Finance:  Accounts  to  be  examined,  235 
(104);  budget  fixed  annually  by  law, 
235  (99);  budget  laid  before  Cham- 
bers, 235  (104);  fees  must  be  author- 
ized by  law,  235  (102);  taxes,  235 
(101),  236  (109);  Supreme  Chamber 
of  Accounts,  235  (104). 

First  Chamber,  see  Diet. 

Ihrrenhaus  (First  Chamber),  see  Diet. 

High  treason,  sp3ci-.1l  court  to  deal  with, 
234  (95). 

Judges,  see  Judicial  system. 

Judicial  system:  Judges,  233  (87); 
judges,  qualifications,  233  (90);  judg- 
ments issued  in  name  of  King,  233 
(86);  judicial  power  exercised  by 
tribunals,  233  (86);  jurisdiction  of 
courts,  234  (96);  jury  to  determine 
guilt,  234  (94);  offenses  by  word  or 
writing,  236  (113);  only  one  Supreme 
Tribunal,  234  (92);  proceedings 
against  public  officials,  234  (97);  pro- 
ceedings of  coiu-ts  to  be  public,  234 
(93);  special  court  to  deal  with  high 
treason,  234  (95);  suspension  of  cer- 
tain articles  of  Constitution  in  event 
of  war,  236  (111),  see  also  Courts. 

Tury,  see  Judicial  system. 

King:  Can  not  be  ruler  of  foreign  realms 
without  consent  of  Chambers,  239  (55) ; 
coinage,  right  of,  229  (50);  executive 
power  belongs  to,  229  (45);  income 
from  domains  and  forests,  230  (59); 
legislative  power  vested  in  King,  230 
(62);  majority,  229  (54);  may  confer 
orders,  229  (50) ;  Ministers  responsible 
to,  228  (44);  pardon,  right  of,  229  (49); 
person  inviolable,  228  (43) ;  power  to 
declare  war,  229  (48);  regency,  229 
(56);  right  to  propose  laws,  231  (64); 
shall  be  commander  in  chief  of  army, 


Prussia — Continued . 

229  (46);    shall  convoke  Chambers, 

229  (51) ;  validity  of  royal  ordinances, 
235  (106). 

Kreise,  see  Electoral  districts. 

La7idtaj,  232  (74);  see  Diet. 

Laws:  Binding,  when  published,  235 
(106);  certain,  abolished,  228  (42); 
emergency  legislation,  230  (63);  equal- 
ity before,  225  (4);  existing  laws  to 
continue,  236  (109);  right  to  propose 
rests  with  King,  231  (64). 

Lehnsverband,  see  Tenure. 

Mails,  privacy  of,  227  (33). 

Marriage,  civil,  226  (19). 

Military  affairs,  228  (35);  court-martial, 
228  (37);  King  as  'commander  in 
chief,  229  (46);  military  service,  227 
(34);  oath  to  observe  Constitution 
not  to  be  taken  by  army,  236  (108). 

Ministers:  Entitled  to  vote  in  Cham- 
bers, 230  (60);  may -be    impeached 

230  (61);  responsible  to  King,  228 
(44);  shall  be  heard  in  chambers, 
230  (60). 

Oath  of  office,  237  (119). 

Orders,  King  may  confer,  229  (50). 

Pardon,  right  of,  229  (149). 

Personal  freedom,  225  (5). 

Primary  voter,  231  (70). 

Property  rights,  226  (9). 

Provincial  bodies,  235  (105). 

Public  officials,  232  (78),  235  (93); 
legal  proceedings  against,  234  (97). 

Rechtsverhdltnisse,  235  (98). 

Religion,  freedom  of,  226  (12). 

Royal  ordinances,  235  (106). 

Science,  teaching  of,  free,  226  (20). 

Second  Chamber,  see  Diet. 

Special  permit  not  needed  for  public 
service  members,  232  (78). 

Staatsanudlte,  235  (98). 

Steuer-  und  Gewerhe-  Verfassung,  228  (42). 

Supreme  Chamber  of  Accounts,  235 
(104). 

Taxes,  235  (101),  236  (109). 

Tenure,  establishment  of  feudal,  for- 
bidden, 228  (40). 

Territory,  225  (1). 

Treason,  see  High  treason. 

Tribunals:  Judicial  power,  223  (86); 
only  one  Supreme  Tribunal,  234  (92). 

Urlaub,  see  Special  permit. 

Urudhler,  see  Primary  voter. 


516 


INDEX. 


Prussia — Continued . 

Volkssckulcn,  see  Education. 
Wahlmann,  see  Elector. 
War:  Power  to  declare,  vested  in  King, 
229  (48);  suspension  of  certain  arti- 
cles during,  236  (111). 

Prussian  system  of  military  legislation, 
22  (61);  regiments  to  bear  continuous 
numbers,  23  (63);  size  of  standing 
army,  22  (60);  unexpended  appro- 
priations, 24  (67);  uniforms,  Prussian 
standard  of,  23  (63);  use  of  railways, 
18  (47). 

Public  documents,  10  (12). 

Public  debt,  see  Finance. 

Public  officials  and  employees,  158  (4), 
159  (7),  207t209,  259  (31-33),  269-270, 
312  (61),  318  (90),  320  (102),  362-364, 
368  (15),  392  (49,  50),  394  (63;  65-66), 
398  (19),  407  (62-66),  418  (48),  421 
(23),  426  (66),  429-430,  435  (50),  442- 
446,  452  (43),  453  (44-46,  50-51,  53), 
464  (146). 

Public  order  and  safety,  323  (114).  369 
(21). 

Public  utilities,  223  (217). 

Pyrmont,  91;  see  Waldeck. 

Railways,  9  (8),  17-18,  484  (24)  admin- 
istration, 17  (44);  Bavaria  excluded 
from  articles,  17  (42)-18  (46);  Bun- 
desrat  committee  on,  11  (8);  long  dis- 
tance transportation,  18  (45);  low 
tariff  in  case  of  public  distress,  18 
(45);  no  law  to  prevent  competitive 
lines  to  be  built,  17  (41);  one  system, 
17  (42);  right  to  construct,  17  ^41); 
tariff,  ]  8  (45) ;  upkeep  of,  17  (43) ;  use 
of  roads  for  defense  of  couutiy,  18  (47). 

Ratssetzung,  169  (16). 

Ratzeburg,  188. 

Realgymnasien,  206  (91). 

Rechtserwideriing,  314  (70). 

Rechtsverhdltnisse,  235  (98). 

Reformed  Church,  454  (70),  456  (83). 

Regalia  maiora,  186. 

Reichstag,  10  (5),  13-14,  477  (3),  478;  ac- 
ceptance of  office,  13  (21);  action  by 
majority,  14  (28);  adjournment,  14 
(26);  composition,  13  (20),  447  (3); 
duration,  14  (24);  election  of  mem- 
bers, 13  (20),  14  (25,  27);  eligibility 
'  of  members,  12  (9);  immunity  of 
members,  14  (30);  members'  salary, 
14  (32);  members  not  liable  to  arrest 


Reichstag — Continued . 

during  session,  14  (31);  members 
representatives  of  people,  14  (29); 
proceedings  to  be  public,  13  (22); 
right  to  propose  laws,  14  (23). 
Religion,  37  (18-20),  51,  60  (9),  76  (12), 
88  (2),  95  (29),  96  (39),  128  (5),  131 
(23),  143  (96),  147  (15,20),  148  (2), 
149  (39-44),  177  (50),  194  (32-37),  203- 
205,  226  (12),  24&-246,  258  (21),  261 
(47-49),  281-282,  325-330,  332  (213), 
346  (34),  349  (66),  367  (12),  369-371, 
419  (4-5),  433  (39^1),  434  (42-44), 
438  (83),  450  (24),  454-455,  460  (129), 
461  (132a),  464,  485  (25). 
Reuss,  Older  Line,  8  (1). 

Administration,  241  (18). 

Budget,  see  Finance. 

Bund  (North  German  Confederation), 
settles  disputes  between  the  Gov- 
ernment and  the  Diet,  254  (91). 

Citizen:  Emigration  granted,  242  (25); 
equality  before  law,  242  (24,27); 
equality  in  civil  service,  242  (26); 
freedom  of  person,  242  (25);  letters, 
privacy  of.  guaranteed,  243  (28);  may 
take  complaint  before  Diet,  242  (27); 
no  seizure  of  letters  or  papers  without 
virtue  of  judicial  command,  243  (28); 
property  inviolable,  243  (30);  rights 
and  duties,  242  (21). 

Civillisie.  241  (17). 

Civil  service:  Duty  of  employees,  243 
(35);  orders  to  be  countersigned,  244 
(36);  violation  of  Constitution,  254 
(89). 

Constitution:     Amendment,    254    (90) 
binding  upon  all  citizens,  254  (87) 
disputes,    constitutional,    254    (91) 
previous  Constitution  abolished,  25& 
(92);    violation  of,  by  civil  service 
employees.  254  (89). 

Crown  properties,  240  (13-16),  241  (17). 

Diet:  Age  limit,  248  (58);  assumption 
of  new  indebtedness,  251  (73);  au- 
thorized to  bring  complaint  against 
citizens,  252  (76);  authorized  to 
bring  complaint  to  Prince,  251  (75); 
budget,  250  (71);  chairman,  election 
of,  252  (79);  commissioners.  Prince 
may  name,  253  (83);  composition, 
246  (53);  considers  subjects  sub- 
mitted by  Prince  before  all  other 
matters,  250  (69);  contested  election,. 


INDEX. 


617 


Reuss,  Older  Line — Continued. 

248  (63);  deputies,  duties,  248  (63); 
deputies,  oath,  248  (64);  Diet  memo- 
rial, 253  (85);  election,  247  (54); 
election  frauds,  248  (57);  expression 
of  opinion  is  free,  249  (65);  full  as- 
sembly necessary,  252  (77) ;  laws,  is- 
sued with  consent  of  Diet,  249  (67); 
laws  submitted  by  Prince,  249  (66); 
power  of  248  (62);  prorogation,  254 
(85);  requirements  for  election,  247 
(55-56) ;  resolutions  effective  through 
sanction  of  Prince,  252  (77);  salaries, 
254  (86);  secretary,  253  (80);  State 
and  Court  officials  need  permission  of 
superiors  to  accept,  248  (60);  taxes 
can  not  be  levied  without  consent  of 
Diet,  250  (70) ;  transaction  published 
253  (84);  transaction  to  be  public, 
253  (81). 

Education:  Matters  of  instruction  and 
education  under  highest  church  au- 
thority, 24  6  (50) ;  provision  for  educa- 
tion, 245  (49);  supreme  church 
board,  246  (50). 

Elections,  248  (61);  election  frauds,  248 
(57),  requirements,  247  (55,  56). 

Emigration,  right  of,  242  (25). 

Equality  before  law,  242  (24-25). 

Family  entails,  see  Crown  property. 

Feudal  obligations  abolished,  243  (31). 

Foundations,  246  (51). 

Freedom  of  person,  242  (25). 

Greiz,  city  of,  246  (53). 

Judicial  system:  Arrest,  244  (40);  com- 
plaints to  be  directed  against  State  or 
communal  board,  245  (42);  confisca- 
tion, 245  (43);  criminal  procedure, 
244  (39);  domiciliary  visit  permissible 
only  in  certain  cases,  244  (41);  equal- 
ity before  law,  244  (38);  illegal 
imprisonment,  244  (40);  jurisdiction 
proceeds  from  States,  244  (37); 
moratoria  not  to  be  granted,  245  (44); 
Prince  has  right  to  pardon,  245  (45). 

Landesvertretung ,  246  (53),  see  Diet. 

Landtag,  247  (54),  see  Diet. 

Legacies,  246  (52). 

Letters,    privacy   of,    guaranteed,    243 

*  (28). 

Military  service  alike  for  all,  243  (33). 

Moratoria  not  granted,  245  (44). 


ReuFS,  Older  Line — Continued. 

North  German  Confederation,  a  State 
of,  238  (1);  settles  disputes  between 
the  Government  and  the  Diet, 
254  (91). 

One  indivisible  State,  238  (1). 

Pardon,  right  of,  245  (45). 

Personal  taxes,  243  (32). 

Prasidium  (Chairman  of  the  Diet), 
249  (65). 

Property  inviolable,  243  (30). 

Public  property,  240  (13). 

Regency,  239  (7-12). 

Religion,  245  (46);  equal  civil  and 
political  rights,  245  (47);  founda- 
tions, 246  (51);  freedom  of  worship, 
245  (46);  legacies,  246  (52);  Prince 
possesses  rights  over  national  church, 
245  (48);  provision  for  education,  245 
(49);  supreme  church  board,  246  (50). 

Revenues,  240  (15). 

Sovereign:  ITeritary  lord  of  Reuss, 
238  (3);  private  funds,  242  (20);  resi- 
dence, 238  (4). 

Stande  (Estates),  see  Diet. 

Taxes,  243  (34);  personal,  243  (32). 

Territory,  alienation  of,  238  (2). 

Vorstand  (Head  of  the  Government), 
248  (64),  254  (91). 

Wechselverfahren,  249  (65). 

Zeulenroda,  city  of,  246  (53). 
Reuss,  Younger  Line,  3  (1). 

Alienation  of  territory,  264  (70). 

Arrest  according  to  law  only,  260  (39). 

Assembly,  freedom  of,  259  (26). 

Benevolent  institutions  under  special 
protectioii  of  State,  261  (48). 

Book  trade,  freedom  of,  259  (26). 

Citizens:  Civil  and  political  rights,  258 
(14,  18-21);  juridical  protection,  258 
(23-24),  259  (34)-260  (44);  local  self- 
government,  259  (29-30);  military 
obligations,  259  (28);  right  of  petition 
and  complaint,  258  (22);  State  serv- 
ice, 259  (31-33). 

Citizenship,  258  (15-17). 

Civil  rights,  258  (14,  18-21). 

Confiscation,  260  (44). 

Constitution:  Binding  on  all  citizens, 
268  (102);  pledge  and  obligation  to 
observance  of  Prince  and  public  offi- 
cials, 268  (103-105);  responsibility  of 


518 


INDEX. 


Reuss,  Younger  Line — Continued. 

public  officials  for  the  coiistitution- 
-ality  of  their  acts,  269  (106-107);  vio- 
lations and  resultant  prosecution  and 
impeachment,  269  (108)-270  (117). 

Constitution  of  30  November,  1849,  256. 

Constitution  of  14  April,  1852,  256n. 

Diet:  Allowance  of  members,  266  (95); 
convocation  every  three  years  or 
oftener,  265  (81);  deputies  obliged  to 
appear  personally,  265  (83);  discus- 
sions are  public.  268  (91);  dismissal 
by  Prince,  267  (97);  election  of  depu- 
ties already  in  service,  265  (85);  im- 
munity of  arrest  during  session,  266 
(94);  minority  must  submit  to  major- 
ity, 266  (93);  Ministry  must  be  repre- 
sented, 266  (89);  opening  by  Prince, 
268  (90);  quorum  necessary,  266  (86); 
substitutes  of  deputies,  265  (84):  see 
also  National  Assembly. 

Diet  Committee,  263  (60),  267  (98);  al- 
lowance of  members,  268  (101);  is 
commission  of  the  Estates,  268  (101); 
must  retain  its  members,  268  (101); 
powers  of,  and  period,  267  (99);  state- 
ment of  accounts  to  be  rendered,  267 
(100);  substitute  members,  268  (101). 

Domiciliary  seaich  at  direction  of  court, 

260  (40). 
Education,  261  (48). 
Emigration,  right  of,  258  (18). 
Evangelical    Lutheran   State   Chiurch, 

261  (47);  decrees  issued  by  consistory, 
261  (47);  under  special  protection  of 
State,  261  (49). 

Finance,  262-263;  moratoria,  261  (45); 
obligations  and  rights  of  Diet  Com- 
mittee, 2Q7  (99-100);  State  revenues 
not  to  be  augmented  by  those  of  com- 
munities and  institutions,  258  (30). 

German  Confederation,  an  indivisible 
and  independent  part  of,  256  (1-2); 
laws  and  resolutions  of,  in  the  Princi- 
pality, 259  (26),  263  (62),  264  (68); 
Constitution  of  Principality  placed 
under  the  guarantee  of.  271  (118). 

High  Court  of  Appeals,  270  (113-115). 

Hunting,  privilege  of,  261  (46). 

Jena,  270  (113,  114). 

Justice,  administration  of,  258  (23-24), 
259  (34)-260  (44);  High  Court  of  Ap- 
peals, 270  (113-115);    impeachment 


Reuss,  Younger  Line — Continued. 

and  prosecution  for  violations  of  the 
(Constitution,  269  (108)-270  (117);  in- 
dependence of  the  courts,  260  (43). 

Mail,  inviolability  of,  259  (27). 

Military  service,  259  (28). 

National  Assembly:  Alienation  of  terri- 
tory, 264  (70);  annual  account  to  as- 
sembly, 262  (60);  budget  presented, 
262  (56);  can  exercise  its  rights  upon 
unallowed  actions  of  officials,  269 
(112);  decrees  require  sanction  of 
Assembly.  264  (66);  deputies  can  not 
receive  instructions  for  vote,  261  (52); 
Diet  Committee,  263  (60) ;  emergency 
measures,  263  (62);  investigations, 
265  (77);  legislative  power  in  com- 
mon with  Prince,  263  (63);  national 
debt,  263  (61);  rights  of  people  repre- 
sented by  deputies,  261  (50);  oath  of 
deputies,  261  (53);  Piince  represents 
State  alone,  264  (69);  proposed  laws, 

264  (74):  rights  and  duties,  261  (54); 
rights  belonging  to,  exercised  in  Diet, 

265  (80);  to  be  informed  of  com- 
plaints. 269  (112);  to  report  abuses  in 
administration,  264  (76);  treaties,  264 
(72);  see  also  Diet. 

National  debt,  263  (61). 

Nationality  of  citizens,  257  (13). 

Pardon,  right  of,  257  (7). 

Persons  in  custody.  260  (42). 

Press,  freedom  of,  259  (26). 

Prince:  And  the  Constitution,  268  (102, 
103),  269  (107),  270  (114);  the  Evan- 
gelical Lutheran  State  Church,  261 
(47);  executive  power  vested  in,  256 
(5)-257  (7);  legislative  power,  263- 
264,  265  (82),  266  (88),  267  (96,  97); 
minority,  257  (9);  oath  of  fidelity  to, 

268  (105);  succession  to  throne,  257 
(8). 

Princely  family,  257  (10-11). 
Property,  protection  of,  258  (21). 
Public  officials:  Responsibility  for  the 
constitutionality  of  their  official  acts, 

269  (100-107);  their  liability  to 
prosecution  and  impeachment  for 
violations  of  the  Constitution,  269 
(108)-270  (117). 

Regency,  257  (9). 
Religious  freedom,  258  (21). 
State  service,  259  (31-33). 


INDEX. 


51^ 


Reus8,  Younger  Line — Continued. 
Succession  to  throne,  257  (8). 
Territory,   256   (1);  alienation  of,    264 

(70). 
Treaties,  264  (72). 
Reutlingen,  462  (133). 
Revenue,  see  Finance. 
Revolution,  236  (111). 
Revolution  of  1848,  5. 
RUterschoft,  187. 

Roman  Catholic  Church,  37  (27),  39  (30), 
204  (78),  205  (82),  283  (63),  434  (42), 
454  (70),  455  (78-82),  460  (129),  461 
(132a). 
Rostock,  187,  188. 

Roulston,  R.  B.  (translator),  365n,  384n. 
Suchsenhusse,  310  (51). 
Salaries,  30  (26),  158  (4,  5),  161  (34),  162 
(40),   215  (164),   254  (86),   266  (95), 
268  (101),   295  (120),   352  (90),   356 
(119),   377   (59),   388  (20),   410  (80), 
422  (33),  435  (60). 
Salt,  taxation  of,  15  (35). 
Saxe-Altenbiir?:,  8  (1). 
Abzugsgeld,  314  (70). 
,^ id  for  needy,  313(68). 
Ambassadors  to  the  Ducal  Court,  318 

(94). 
Appeals,  Court  of,  341  (266). 
Bankruptcy,  317  (89). 
Caroline  School  for  Girls,  339  (256). 
Church,  see  State  Church. 
Citizens,  see  Subjects. 
Citizenship:  Acquisition    of,    316    (2); 
loss    and     reinstatement,     317     (3); 
naturalization,   307  (41);  suspension 
of  civic  rights,   317  (4);  status,   307 
(40). 
Civil  list,  302n,  305?2. 
Clergy  and  students  of  divinity  subject 
to  the  authority  of  Synod  and  (^on- 
sistory,  327  (142)-328  (149). 
Communes:  Organization  of,  320  (100- 
101);   debts,    323   (112);   duties  and 
obligations   of,  320   (101),    323   (111, 
L14);  estate  of,  323  (113);  full  rights  of 
neighbors,    320   (102)-321   (105);   in- 
habitants by  special  grant,  320  (101), 
322   (108);    nonresidents,    320   (101), 
321  (106,  107);  resolutions,  322  (111); 
rights  of,  322  (110);  see  also  Classes. 
Complaints,     right     of     m.aking,     313 
(65-(;6). 


Saxe-Altenburg — Continued. 

Consistory:  Conference  with  Synod,  329^ 
(154);  functions,  .327  (140) ;  general  in- 
spection, 329  (152);  morality,  pre- 
serving of.  329  (153);  organization.  327 
(139). 

Constitution,  general  provision.  341 
(266). 

Corporations,  319  (99);  see  also  Com- 
munes, and  Classes. 

Domanial  property,  302  (3)  and  n, 
305n,  315n. 

Ducal  House:  Princes  of.  305  (25-28); 
private  rights  of  the  memlers  of,  30& 
(34-35). 

Duke:  Civil  list,  \i02n,  305n;  executive 
and  supreme  power,  303  (4-10);  irre- 
sponsibility for  gavernmental  acts, 
306  (36);  majority.  304  (15);  minority 
and  guardianship,  304  (16-17);  rela- 
tions toward  the  Joint  House  of  Sax- 
ony and  the  German  Confederation, 
303  (11-12);  successor,  ;^04  03-14); 
wife,  305  (23);  set-  also  Sovereign. 

Education:  Freedom  of  312  (62-63); 
under  inHuence  of  Provincial  Piet, 
332  (213);  supervision  of  schools  by 
Consistory,  327  (141);  school  teachers 
subject  to  Synod  and  Consistory,  329 
(150-151). 

Elections:  ('oercion  and  1  ri^  ery,  321 
(105). 

Emigration.  313  (69)-314  (70);  forfeit- 
ure of  communal  rights  I  y,  321  (104). 

Evangelical  Protestant  Church.  325, 
326. 

Finances:  Functions  of  the  Provincial 
Deputation.  339  (253-254);  funds  of 
communes  not  to  be  merged  with 
State  funds.  323  (113):  Provincial 
Diet  and  the  State  budget.  331  (203)- 
332  (208);  State  Bank.  336  (236). 

Food  regulations,  311  (55). 

Foreigners.  318  (94)-319  (98).  322  (108- 
109). 

Forenser,  318  (91),  321  (1.06). 

(^»ermau  (bn  federation:  Dune's  and 
Duchy's  relation  to.  303  (11-12),  314 
(70) ;  emigration  to  a  State  of.  314  (70) ; 
laws  of,  31 1  (72) ;  contingents  in  the 
army  of,  315  (77-80);  treaties  vnXh. 
States  of,  307  (41). 

Plousehold,  establishment  of,  312  (64). 


620 


INDliX 


Saxe-Altenbiirg — Continued. 

Illegitimacy,  307  (41). 

Industries,  312  (60). 

Judicial  system:  Court  of  Appeals,  341 
(266);  judicial  authorities  in  the  cit- 
ies, 324  (126);  legal  annulment  of 
private  personal  restraint.  310  (51- 
53);  legal  protection  of  subjects,  308- 
309;  property  safeguards.  310  (54)- 
311(55). 

LandesdeputaHon,  333  (218). 

Legislation,  defects  in.  332  (214). 

Magdalenen  Endowment,  330  (256). 

Marriage  laws.  312  (64). 

Military  affairs:  Exclusive  power  in, 
303  (10);  expenditures,  332  (212); 
universal  service,  315  (77-80). 

Monopolies  not  granted,  311  (59). 

Morality,  preservation  of,  329  (153). 

Municipal  corporations,  see  Classes. 

Naturalization.  307  (41). 

Pardon:  Rests  with  Sovereign.  303  (8), 
309  (48) ;  restriction  of  this  right,  316n. 

Patents  may  be  obtained,  311  (59). 

Pauper  laws.  313  (68). 

Person,  freedom  of.  310  (5]).  330  (221). 

Pensions,  317  (85V 

Petitions  and  complaints:  Right  of, 
313  (65-66):  obligation  of  the  Pro- 
vincial Diet  in  regard  to  those  laid 
brfora  it,  332  (316). 

Police  confiscations,  311  (55). 

Property:  Communal,  322  (110):  do- 
manial, 302  (3)  and  n,  3C5n,  315n; 
legal  safoguards  of,  310  (54)-311  (55); 
of  foroignr^rs,  307  (39):  of  nonresident 
subjects,  318  (92):  privat?,  330  (201); 
right  to  dispos-  of,  311  (56-57). 

Provincial  Deputation :  Its  purpose,  388 
(249):  organization,  338  ^250);  func- 
tions, 339  (251-257):  summoning  of, 
339  (258)-340  (259):  rflations  to  the 
Provincial  Dirt,  340  (260-265). 

Provincial  Diet:  Obligations  of  mem- 
bers, 330  (199-200);  legislative  and 
administrative  functions,  330  (201)- 
333  (218);  sessions,  333  (219)-334 
(222),  338  (248);  ofHcers,  334  (223)- 
335  (228);  minutes,  335  (230)-337 
(245),  338  (247);  salary  and  expensrs 
of  members,  337  (246);  executive 
committee,  see  Provincial  Deputa- 
tion. 


Saxe-Altenburg — Continued. 

Public  safety:  Pres'^rvation  the  duty  of 
the  communps,  323  (114). 

Public  service:  Eligibility  of  aspirants, 
312  (61);  eligibility  for  town  officials, 
320  (102):  suspension  of  public  serv- 
ants, 318  (90):  salaries,  318  (90). 
Rechtserniderung,  314  (70). 

Religion:  Christian  faith  as  a  requisite 
for  citizenship,  307  (42):-  Christian 
denominations  other  than  the  State 
Church,  325  (129);  see  State  Church. 

Sachsenbusse,  310  (51). 

Saxony,  relation  of  Duke  and  Duchy  to 
Joint  House  of,  303  (1-2). 

Schools:  Assessments  and  contribu- 
tions, 330  (157):  funds,  329  (155);  in- 
terest on  endowments,  330  (161) 
supervision  by  Consistory,  327  (141) 
teachers,  appointment  of,  327  (142) 
see  also  Education. 

Schutzbiierger,  322  (108). 

Schutzhnergerrecht,  322  (109). 

Schntzverwandte,  322  (108). 

Sovereign:  Head  of  State,  303  (4):  en- 
actment of  laws  require  his  approval, 
303  (5):  fidelity  and  obedience  to, 
314  (71);  power  over  military  forces, 
303  (10):  responsibility  of  Ministers 
for  governmental  acts,  306  (36-37); 
right  of  pardon,  303  (8),  309  (48), 
31 6n;  rights  and  obligations  in  regard 
to  the  activities  of  the  Provincial 
Diet,  333  (219)-3:M  (222),  335  (231)- 
336  (235),  337  (237),  338  (248),  339 
(251-252,  255),  339  (257)-340  (259), 
340  (260,  261 ,  263,  264):  see  also  Duke. 

Stat-  Church,  325  (128-131):  ecclesi- 
astical laws  require  Duke's  confirma- 
tion, 325  (131):  its  basis,  325  (132); 
powers,  325-329:  functions,  325  (134); 
synods,  326  (135-136):  Consistory, 
325  (133),  326  (]38)-329  (154);  funds 
of  churches,  schools,  and  endow- 
ments, 329  (155)-330  (161);  compe- 
tence of  the  Provincial  Diet  in  church 
matters,  332  (213). 

Subjects:  Citizenship  and  status  307 
(38)-308  (43):  civic  and  political 
rights,  307-314,  320  (102)-321  (105); 
duties  and  obligations,  314-316;  sus- 
pension of  civic  rights,  317  (89)-318 
(90);  nonresident,    318    (91-93),    321 


INDICX 


521 


8axe-Altenburg— Continued . 

n06-107);  temporary  (aliens),  318 
i94)-819  (98V,  inhabitants  by  special 
grant,  322  (108-109). 

Sijccrssion  to  the  throne,  302  (3),  304 
(13-14). 

Suffrage,  317  (88). 

Syndints,  334  (223),  340  (265). 

Synods,  326(1.35-136). 

Taxfs:  Assessment  and  appraisement, 
314  (74)-315  (76):  ehief  tax  fund, 
338  (247):  communal  duties  and,  321 
n03):  d^partm<nt  of,  336  (236),  337 
1 246);  for  nonr  sidmt  subjects,  318 
1 92):  legislation  in  the  Provincial 
Dirt,  331  (202). 

Trrritorv,  302  (1). 

Trad-,  311  (58),  320  (102),  321  (107). 

Treatifs:  With  other  Federal  States, 
307  (41). 

Village  corporations,  see  Classes. 

Worship,  liberty  of,  325  (129). 
8axe-Coburg-Gotha,  8  (1). 

Administrator,  oath  of,  to  observe  and 
protect  Constitution,  361  (157),  362 
(159). 

Arrests,  359  (131). 

Assembly,  right  of,  347  (44). 

Associations,  right  to  unite  in,  347  (46). 

Bankruptcy,  345  {d,  e). 

Budget,  see  F'inances. 

Charity:  Public  or  community,  345 
(27);  foundations,  .349  (66). 

Children:  Obligatory  education  of.  346 
(39);  State  support  for  care  of,  345  (3). 
.^.■itizens:  Damages  to,  from  State.  349 
(68);  equality  before  law,  346  (30); 
judicial  rights  of,  346  (31);  oath  of 
loyalty  to  Duke,  346  (28);  freedom  of 
religious  belief,  346  (34);  rights  of. 
345  (3,  27),  346  (29,  36,  38);  right  of 
assembly,  347  (44-47);  right  of  appeal 
and  complaint,  347  (48);  right  of  free 
speech  and  free  press.  347  (43); 
suffrage,  right,  forfeiture,  and  use  of 
360  (146),  361  (152). 

rivil  service,  349  (67-68),  355  (111, 
112),  359  (132),  361  (154). 

Cobiirg  (city),  350  (73),  351  (76).  342  (1), 
353  (93)  . 

<-oburg,.Dietof,  350  (73). 

Communes,  348  (61),  349  (65);  adminis- 
tration of,  349  (64-65). 

<  Confiscation,  348  (51). 


Saxe-Coburg-Gotha — Continued. 

Constitution:  Amendments  to,  355  (112, 
113);  change  of,  361  (156);  nonexercise 
of  rights  under,  345  (27);  oath  to 
observe  and  protect,  346  (28),  361 
(157),  362  (159,  161);  protection  of, 
361-364;  rights  of  subjects  under 
345  (3);  violations  of,  359  (132)., 

Corporate  rights,  347  (46). 

Crown  funds,  350  (71). 

Crown  property,  356  (117). 

Debts,  public,  356  (118). 

Diet,  Joint,  344  (16,  17,  18);  affairs  com- 
mon to  both  Duchies,  349  (70),  350 
(71,  73),  351  (83),  353  (92);  agreement 
of  each  Diet  on  respective  budget, 
items,  357  (120);  annual  report  of 
treasuries  to,  357  (122);  archives  of, 

361  (157);  competence  in  budget 
matters,  356  (118),  358  (126);  com- 
petence in  questions  of  public  or 
Crown  property,  356  (117);  obliga- 
tions to  convene  if  the  ducal  Saxon 
family  of  Ernest  should  cease  to 
rule,  362  (160);  receives  oath  of  duke, 
governor,  or  administrator,  361  (157), 

362  (159). 

Diet  of  either  Duchy,  347-361;  annual 
report  of  treasuries  to,  357  (122); 
authorized  to  lay  charges  and  acci  sa- 
tions  against  civil  service  and  Gov- 
ernment officials,  359  (132);  author- 
ized to  lay  charges  of  breach  of  Con- 
stitution against  State  officials,  362 
(165);  authorized  to  receive  com- 
plaints from  private  persons  for 
injuries  sustained  through  Govern- 
ment enactments,  359  (133);  com- 
mittees of,  349  (69);  committees  for 
each,  359  (131);  competence  in 
budget  matters.  356  (118),  358  (126); 
competence  in  legislation  on  financial 
matters,  356  (118);  competence  in 
matters  of  tax  legislation,  356  (118); 
composition  of,  349  (70),  350  (73); 
consent  to  amendments  to  Constitu- 
tion, 355  (112);  consent  to  validity  of 
treaties,  358  (128);  constitutional 
rights  of  citizens  exercised  through, 
349  (69);  deputies,  eligibility  to  be 
elected  as,  361  (153-155);  determina- 
tion of  budgets,  356  (119);  election  of 
deputies,  360-361;  fees  and  expenses 
of  deputies  o  :.352  (90);  function  of, 


522 


INDEX. 


Saxe-.Coburg-Gotha — Continued . 

354(104-106);  general  competence  of, 

358  (127);  may  present  its  wishes  on 
legislation   to   State  administration, 

359  (132);  rights,  obligations,  and 
privileges  of  deputies.  352  (84-87); 
officers,  351  (82);  order  of  business, 
351  (81)-352  (90);  participation  in 
publication  of  laws,  354  (108);  ques- 
tion of  public  and  Crown  property, 
356  (117);  reference  of  legislation  to 
Joint  Diet,  355  (114);  right  to  demand 
information  from  the  State  adminis- 
tration, 359  (132);  special  diet  for  each 
Duchy,  349  (70);  surplus  income  in 
the  treasuries,  357  (123). 

Domanial  possessions,  362  (160). 

Duke,  343  (4);  345  (21).  350  (72).  354 
(98),  363  (169).  364  (177);  administra- 
tive and  executive  power  of,  358 
(128),  359  (131);  and  Ducal  family, 
350  (71),  362  (160);  inviolability  of 
person.  345  (21);  joint  legislative 
power  with  Diets,  354  (104-105); 
oath  of  loyalty  to,  346  (28);  oath  to 
observe.and  protect  Constitution,  361 
(157),  362  (159);  pardoning  preroga- 
tives, 364  (176);  participation  in 
legislation,  354  (104),  355  (110); 
power  in  judiciary,  360  (140);  receipts 
from  the  State  and  Crown  funds,  350 
(71);  relation  to  the  united  Duchies, 
350  (71);  right  to  open,  adjourn,  and 
dissolve  the  Diets,  351  (77-78);  signa- 
ture in  all  State  matters  requires 
countersignature  of  a  member  of  the 
Ministry,  363  (167-168);  summons  the 
Diets.  351  (76);  see  also  Supreme 
power,  and  Succession  to  throne. 

Education:  Educational  foundations, 
349  (66);  elementary  schools,  346 
(40),  347  (42);  elementary  teachers, 
346  (40-41);  obligatory  for  all  chil- 
dren 346  (29);  private,  346  (38); 
public,  346  (39);  superintendence 
of  State  over,  346  (37-38);  vocational. 
345  (4).. 

Elections,  355  (112);  right,  forfeiture, 
and  use  of,  360  (146),  361  (152);  see 
also  Diets,  election  of  deputies  to. 

Emigration,  346  (29). 

P^xecutive  power,  sec  Duke,  adminis- 
trative and  executive  power  of. 


Saxe-Coburg-Gotha — Continued. 

Finances:  Budget,  356  (118,  119),  357 
(120),  358  (126);  loans,  356  (118); 
public  debt,  356  (118);  State  and 
Crown  funds,  350  (71);  State  Treas- 
ury, 353  (97);  treasuries  of  the  two 
Duchies,  357  (122-123). 

Foreign  relations,  350  (71). 

Foundations,  religious,  educational, 
charitable,  349  (66). 

Gotha,  Diet  of,  350  '73). 

Government:  Administrative  func- 
tions, 353  (97),  354  (103);  care  and 
superintendence  in  education,  346 
(37-39);  executive  power,  see  Su- 
preme power;  form  of,  342  (1-2); 
oath  of,  to  observe  and  protect  Con- 
stitution, 361  (157),  362  (159,  161): 
participation  In  administration  of 
justice,  359  (137);  relation  to  church 
authorities,  346  (35);  salaries,  356 
(119);  seat  of,  343  (5,  8-9),  345(20); 
territory  of,  342  (1);  when  it  may 
take  new  loans  within  consent  of 
the  Diets,  356  (118). 

Governor,  345  (21,  22). 

Guardianship,  legal,  345  (b). 

Imperial  laws  determine  the  rights  and 
duties  of  nonsubjects,  345  (4). 

Imprisonment,  345  (27). 

Judiciary:  Power  exercised  in  the 
name  of  the  Duke,  359  (134),  ;i60 
(142);  arrests,  359  (131);  imprison- 
ment, 345  (27);  conflicts  with  civil 
authorities,  360  (142);  courts  for 
members  of  the  Ducal  House  regu- 
lated by  special  law,  360  (138);  court 
of  arbitration  as  between  the  Diets, 
356  (115);  courts  of  appeal,  350  (71). 
;^63  (171),  364  (173);  function  of,  359 
(134);  judges,  independence  of,  359 
(135,  137);  jury  trial,  360  (159); 
justice,  arbitrary  administration  of, 
unlawful,  359  (135);  no  patrimonial 
jurisdiction,  359  (137);  no  privileged 
courts,  359  (138);  procedure  in 
criminal  cases,  3()0  (139);  procedure 
in  legal  action  on  complaint  brought 
by  the  Diets  against  State  officials 
for  breach  of  Constitution,  363  (170), 
364  (175);  rights  of  citizens,  346  (31, 
32);  search  warrants,  359  (131); 
supreme  court,  356  (115). 


INDEX. 


523 


^'axe-Coburg-Gotha — Continued. 

Legislation,  353  (97),  354  (104),  355  (111, 
114),  359  (132);  budgets  of  adminis- 
tration of  revenue  and  of  salaries 
subject  of,  356  (119);  joint  power  of 
resides  in  Duke  and  Diets,  354 
(104-105). 

Loans,  356  (118). 

Local  administrative  boards,  355  (111). 

Manufacturing  privileges,  348  (57). 

Marriage,  civil,  346  (36). 

Meeting,  public,  right  of,  359  (131). 

Military  affairs,  350(71). 

Military  service,  346  (29),  361  (154); 
rights  of  men  in,  347  (47,  48);  univer- 
sal, 343  (59). 

Ministry,  344  (16),  345  (22),  350  (71); 
countersignature  of  member  neces- 
sary for  all  State  matters,  363  (167- 
168);  see  also  State  officials. 

Minors,  345  (6). 

Monopolies,  348  (57). 

Oaths,  official,  346  (28),  361  (157), 
362  (159,  161). 

One  united,  inseparable  body,  342  (1). 

Pardon,  power  of,  364  (176). 

Patrimonial  jurisdiction  shall  not  exist, 
359  (136). 

Petitions,  proposals,  and  complaints, 
353  (97). 

Police,  347  (44),  360  (141);  use  of 
armed  troops  for  policing,  347  (45). 

Postal  affairs,  350  (71). 

Press  laws,  347  (43). 

Property:  Crown,  356  (117),  362  (160) 
private  under  the  jurisdiction  of  the 
communes,  348  (61-62);  public,  356, 
(117),  362  (160);  rights  of,  347  (49); 
348  (54,  56);  rights  of,  inviolable, 
347  (49). 

Protestant  faith,  345  (20). 

Public  archives,  350  (71). 

Public  office,  accessibility  of  all  com- 
petent citizens  to,  346  (30);  see  also 
State  officials. 

Public  property,  356  (117). 

Regency,  344  (12),  345  (20,  21,  22). 

Religion:  Freedom  of,  346  (33,  34); 
equality  of  all  churches,  346  (35); 
difference  in,  no  bar  to  civil  marriage, 
346  (36);  religious  foundations,  349 
(66). 

Revenue,  budget  of,  356  (119). 

Salaries,  budget  of,  356  (119). 


Saxe-Coburg-Gotha — Continued. 

Schools,  see  Education. 

Search  warrants,  359  (131). 

Sick  relief,  345(7). 

State:  Archives  of,  361  (157);  budgets 
for  conduct  of,  356  (118),  357  (126); 
citizens'  claims  for  damages  on,  349 
(68);  funds,  350  (71);  see  also  Min- 
istry. 

State  officials:  Oath  and  obligations  to 
the  Constitution,  362  (161-162);  re- 
sponsibility to  observe,  and  trial, 
conviction,  and  penalty  for  breaches 
of  the  Constitution,  362  (163)-364 
(177). 

State  Treasury,  budget  of,  353  (4). 

State  Tribunal,  350  (71). 

Subjects,  345  (2,  4);  nonexercise  of 
rights  of,  245  (27);  rights  and  duties 
of,  345  (3,  4,  27);  right  of  assembly, 
347  (44);  right  to  unite  in  associa- 
tions, 347  (46);  see  also,  Citizens 

Succession  to  throne,  342,  343  (6),  345 
(20). 

Support  for  care  of  a  child,  345  (3). 

Supreme  Appelate  Court,  its  functions 
in  trial  of  State  officials  for  breach  of 
Constitution,  363  (171)-364  (173). 

Supreme  power,  343  (3),  345  (21); 
jointly  exercised  with  Diets  in  legis- 
lation, 354  (104-106);  ratification 
and  publication  of  laws,  354  (107), 
355  (110);  see  also  Succession  to  the 
throne. 

Taxes,  357  (121),  356  (118),  358  (126), 
360  (146);  matter  for' Joint  Diet,  350 
(71);  no  class  preference  in,  348  (58), 

Treasuries  of  Coburg  and  Gotha,  357 
(122,  123). 

Treaties,  358  (128). 

Unions:  Right  of  subjects  to  form,  347 
(46);  participation  of  military  men 
in,  347  (47). 

Uprisings,  suspension  of  certain  civic 
rights  during,  359  (131). 

Vassalage,  348  (53). 

Vocational  training  or  education,  345 

(4). 

War,  suspension  of  certain  civic  rights 
during,  359  (131). 

Wards,  345  (27),  346  (39). 
Saxe-Meiningen,  8  (1). 

Assembly  of  the  Estates,  see  Legisla- 
ture. 


524 


INDEX. 


Saxe-Meiningen — Continued . 

Chamber  of  Accounts,  374  (48),  376  (56). 

Chancery  and  its  employees,  appoint- 
ments of ,  378(62). 

(Charitable  institutions,  369  (33),  371 
(35). 

Citizens:  And  the  union  of  communes, 
368  (19);  property  of,  369  (26);  rights 
of,  369  (26);  374  (49);  see  also  Sub- 
jects. 

Citizenship:  Acquisition,  loss,  and  non- 
exercise  of,  367  (14);  acquisition  of, 
366(6);  rights  of,  367  (12). 

Communes:  Communal  right  of  citi- 
zens, 369  (26);  elections  in,  367  (13); 
expenses  of,  369  (26);  functions, 
rights,  and  obligations  of,  369  (20-24); 
incomes  and  expenditures,  369  (26); 
obligation  to  relinquish  property,  368 
(16);  parishes  as,  369  (25);  property 
of,  369  (20-22),  (26);  treasury  of,  368 
(16);  union  of,  368  (19). 

Constitution:  Changes  in,  382  (109); 
general  pro\dsions,  382  (102);  inter- 
pretation of^  374  (49);  old  provincial 
constitution  null  and  void,  382  (110); 
one  for  entire  Fuchy,  366  (4);  provi- 
sions on  national  and  domain  debts, 

372  (42),  373  (43);  violations  of,  376 
(56),  377  (57),  379  (88). 

Corporations:  Corporate  rights  of,  369 
(27),  370  (28);  no  common  representa- 
tion in  suits  at  law,  369  (27). 

Common  lands,  see  Domain  property. 

Domanial  property:  Administration  of, 
374  (49),  379  (84);  alienation  of,  373 
(45);  constitution,  sources,  and  ad- 
ministration of,  371  (38),  372  (39,  41), 
373(43^5);  domaintreasury,  371  (38), 

373  (43),  374  (48);  Duke's  rights  and 
prerogatives  with  domain  property 
and  treasury-,  371  (38),  372  (39,  41), 
373  (43),  374  (48);  State  property  may 
not  bo  appropriated  to,  371  (37). 

Domicile:  Acquisition  of,  gives  one  the 
right  of  subject,  366  (6);  citizens' 
right  of,  369  (26). 

Ducal  court,  costs  of,  371  (38). 

Ducal  House:  Entailed  funds  of,  372 
(39);  maintenance  of  Eucal  family, 
371  (38);  property,  see  Domain  prop- 
erty. 


Saxe-Meiningen — Continued. 
Duke:  And  the  churches,  370  (32); 
cooperation  in  State  matters  with 
Estates,  374  (47);  379  (86),  380  (89,  92, 
93-94),  381  (96,  97,  101);  decrees  to 
be  countersigned  by  a  Minister,  382 
(103);  financial  functions  of,  374  (47); 
guardian  of  rieigning,  366  (4);  major- 
ity of,  366  (4);  privy  purse,  372  (39); 

374  (46);  State  Marshal,  375  (54);  see 
also  Succession  to  throne. 

Education:  Common  school  fund,  370 
(33);  endowment  of  the  schools,  369 
(25);  parishes  and,  369  (25);  school 
property  and  endowments,  370  (33), 
371  (35);  schools  and  schoolmasters, 
369  (25). 

Elections,  367  (13),  375n. 

Emigration,  367  (14);  right  of  and 
prejudices  to  subjects,  367  (9). 

Estates:  Assembly  of,  see  Legislature; 
administration  of  the  domain  prop- 
erty, 373  (43,  45);  institution  of  the 
Legislature  (see  also  Legislature),  374 
(49),  375  (52);  cooperation  in  acts  of 
the  Government,  366  (5);  coopera- 
tion in  State  matters  with  Duke,  374 
(47),  379  (86);  cooperation  in  State 
matters  with  Ministry,  374  (47),  379 
(87);  difference  in,  368  (15);  financial 
functions  of,  374  (47,  48),  378  (80), 
379  (84);  impeachment  of  State  offi- 
cials, 379  (88);  national  debt,  372 
(42);  officials  (see  also  State  Marshal), 

375  (53),  376  (55),  377  (60);  rights, 
duties,  and  privileges  of,  378  (80), 
379  (88);  rights  of  each  Estate  safe- 
guarded in  the  Legislature,  377^.(57), 
381(96). 

Evangelical  Church  as  State  Church, 
370(29,32). 

Extradition  treaties,  368  (18). 

Feudal  tenures  and  revenues,  372  (39). 

Finance:  Budget,  377  (57),  374  (47,  48), 
379  (82);  Chamber  of  Accounts,  374 
(48);  functions  of  the  Estates  in  the 
State  finances,  378  (80),  379  (84); 
incomes  and  expenditures  of  com- 
munes, 369  (26);  Legislative  Com- 
mittee of,  377  (60);  loans,  372  (42); 
national  and  provincial  debts,  372 
(42);    revenues,    expenditures,    and 


INDEX. 


525 


Saxe-Meiningen — Continued.  !^ 

audits,  374  (47),  375  (54),  377  (60); 
salaries,  377  (59);  Sinking  Fund 
Commission,  376  (56,  57);  Sinking 
fund,  372  (42),  373  (45),  376  (56); 
State  and  communal  treasury,  368 
(16);  State  treasury,  371  (38),  373  (44), 
374  (47,  48),  376  (56),  377  (57,  59), 

378  (61). 

Foreign  States:  Legal  rights  and  status 
of  foreigners,  366  (7,  8),  368  (18); 
legal  status  of  subject  of  Fuchy  in, 
366  (7);  subjects  of  Duchy  in  service 
of,  367  (10);  treaties  with,  366  (7). 

German  Confederation,  relation  of  the 
Duke  and  Duchy  with,  367  (10). 

Government:  Form  of,  365  (1,  3),  374 
(49);  highest  State  authority  vested 
in  Duke,  365  (3). 

Impeachment  of  State  officials,  379 
(88). 

Imposts,  grants  and  laying  of.  378  (81), 

379  (82). 

Judicial  system:  Impeachment  of  State 
officials  to  be  lodged  with  supreme 
court  in  Jena,  379  (88);  trial  and 
punishment  of  deputies  to  the  Legis- 
lature, 381  (100). 

Landed  property,  acquisition  of,  368 
(15). 

Law  on  the  constitution  of  courts  of 
justice  of,  27  Jan.  1877,  379n. 

Legislature:  Appointive  prerogative  of, 
377  (60),  378  (61,  62);  conduct  of  busi- 
ness, 374  (49),  377  (60),  378  (56),  379 
(86),  380  (93),  381  (97,  99);  composi- 
tion and  purpose  of,  374  (49),  380 
(89);  convening,  sessions,  closing,  re- 
cess of,  375  (51-52,  54),  376  (56),  377 
(60),  380  (89-92),  381  (101);  coopera- 
tion in  State  matters  with  Duke,  375 
(54),  378  (61,  62),  380  (89,  92,  93-94), 
381  (96,  97,  101);  duties  of  deputies, 
381  (99);  election  of  deputies,  375 
(52),  380  (90);  functions  of,  see  Es- 
tates, rights,  duties,  and  privileges 
of;  immunity  of  deputies  for  the 
proper  discharge  of  their  duties,  381, 
(99);  oath  of  deputies,  380  (92);  rela- 
tions with  the  individual  Estates, 
381  (96);  rights,  duties,  and  penal- 
ties of  deputies,  381  (99,  100);  ses- 
sions of,  380  (89-92,  94),  381  (101); 
see  also  Estates. 


Saxe-Meiningen— Continued . 

Meiningen  (city),  375  (54),  376  (55,  56, 
57). 

Ministry:  Cooperation  with  Estates,  374 
(47),  379  (87);  cooperation  with  the 
Legislature,  376  (56),  380  (90);  im- 
peachment of  State  officials,  379  (88); 
financial  functions  of,  374  (47,  48); 
obligations  of  subjects  to,  367  (10). 

Name  of  State,  365  (1). 

National  Directory,  376  (55). 

Oaths:  Of  allegiance,  367  (11);  official, 

367  (11) ;  of  deputies,  380  (92) . 
Pardon,  right  of,  belongs  to  Sovereign, 

382  (106). 

Parishes:  Communal  union  of,  369  (25). 

Petitions  and  complaints,  380  (93). 

Police  affairs,  381  (100). 

Poor,  care  of,  369,  6,  (21). 

Privy  purse:  An  allowance  to  the 
Duke,  372  (39),  374  (46);  obligation 
to  relinquish  property  for  a  public 
purpose,  368  (16);  relation  to  State 
and  domain  property,  371  (37-38). 

Property:  Communal,  369  (20-22);  of 
citizens,  369  (26);  public,  369  (26); 
relinquishment  and  withdrawal  of 
for  the  public  good,  368  (16-17);  see 
also  State  property,  Domanial  prop- 
erty, Privy  purse,  Landed  property. 

Provincial  corporations  to  retain  rights, 

383  (110). 

Public  domain,  obligation  to  relin- 
quish property  for  public  purpose, 

368  (16). 

Public  office,  attainment  of,  368  (15). 

Public  order  and  safety,  369  (21). 

Religion:  Administrative  rights  of 
State,  370  (29),  371  (36);  Christian 
confessions,  367  (12);  church  prop- 
erty and  endowments,  370  (32-33), 
371  (35) ;  churches  and  the  clergy,  369 
(25);  common  church  fund.  370  (33); 
endowments  of  churches,  369  (25); 
Evangelical  as  State  Church,  370 
(29,  32);  freedom  of  conscience 'and 
equality  of  all  churches  before  the 
law,  370  (29-30);  Mosaic  religion,  367 
(12);  parishes,  369  (25). 

Salaries,  377  (59). 

Saxon  House,  Royal,  relation  of  Duke 
and  Duchy  to,  364  (1),  365  (3),  366  (4). 

Seigniorial  right,  incomes  and  privi- 
leges proceeding  from,  371  (38). 


526 


INDISX. 


Saxe-Meiningen — ^Continued . 

Societies,  rights  of  subjects  to  form,  370 
(28). 

Sovereign,  see  Duke. 

State:  Abuses  in  the  administration  of, 
379  (87);  administration  of,  374  (47, 
49),  376  (55);  corporations  and  soci- 
eties, 370  (28) ;  cost  of  administration, 
371  (38);  support  of  subjects,  366  (8); 
unified  in  its  various  parts,  365  (1). 

State  Church,  370(29,32). 

State  Marshal,  his  election,  functions, 
and  duties,  375  (53),  376  (56),  377 
(60),  380  (90,  93),  381  (99);  election 
and  tenure  of  office,  375  (54). 

State  officials,  impeachment  of,  379 
(88). 

State  property,  371  (37),  372  (40),  374 
(49) ;  see  also  Domanial  property,  and 
Privy  purse. 

State  Treasury',  see  Finance. 

Subjects:  Definition  of  status  of  persons 
as,  366  (6);  rights  and  obligations  of, 
366  (7)-367  (13). 

Succession  to  throne,  365  (2). 

Taxes:  Direct  and  indirect  accruing  to 
domain  territory,  371  (38);  levy  of, 
371  (37),  378  (81),  379  (83),  obliga- 
tions of  subjects  to  pay,  367  (10);  paid 
for  protection,  371  (38);  State  tax 
commission,  376  (56,  57);  taxable 
property  of  subjects,  372  (42) . 

Territory,  alienation  of,  365  (2). 

Toll,  highway  and  road,  371  (38). 

Treasury,  State,  368  (16). 

Treaties  with  foreign  countries,  366  (6, 
7),  368  (18). 
Saxe-Welmar- Eisenach,  8  (1). 

Budget,  390  (36,  37,  38,  43);  see  also 
Finances. 

Citizens:  Personal  freedom  and  safety 
safeguarded,  384  (4),  392  (49);  prop- 
erty, 384  (4),  392  (49);  right  of  repre- 
sentation in  the  legislature,  384  (2), 
387  (17);  right  of  petition  and  com- 
plaint, 391  (46);  in  territory  to  be 
alienated,  384  (4);  taxation  and  other 
burdens,  384  (4). 

Constitution :  Amendments  to,  394  (64) ; 
is  the  fundamental  law  of  the  whole 
Duchy,  384  (4);  oflicial  oath  to  ob- 
serve and  maintain,  394  (65);  Sover- 
eign's pledge  to  guard,  394  (67)- 
395  (69);  violations  of  and  unconsti- 


Saxe-Weimar- Eisenach — Continued. 

tutional  acts,  387  (14),  391  (48),  392 
(49). 

Constitution  of  5  May  1816,  384. 

Duties  (fees),  384  (4). 

Elections:  Of  representatives  to  the  leg- 
islature 384  (2),  389  (34). 

Executive  Committee:  Composition  and 
periods  of,  386  (11-12),  387  (15,  16); 
its  functions,  386,  (14),  388  (26,  27), 
390  (44),  391  (45);  sittings,  386  (13); 
see  also  Legislature. 

Finance:  Budget,  390  (36,  37,  38,  43); 
examination  and  audit  by  the  Treas- 
ury Department,  390  (44);  legislative 
and  supervisory  functions  of  the 
Legislature  in  regard  to,  384  (4),  390 
(34-44);  loans,  384  (4),  390  (42); 
State  expenditures,  384  (4),  390  (37- 
38);  fmids,  390  (38,  39,  40,  42);  rev- 
enues, 384  (4),  390  (39,  40,  41);  Treas- 
ury, 384  (4),  388  (20),  390  (36,  37,  38, 
43,  44),  393  (58);  taxes,  duties,  and 
imposts,  385  (4). 

Government,  insults  against,  388  (18). 

Imposts,  384  (4). 

Jena,  392  (51). 

Judicial  system:  Penal  code,  391  (48); 
Supreme  Court,  392  (51,  52),  393  (53); 
special  State  court  and  procedure  in 
trials  for  malfeasance  in  office,  392 
(51)-393  (59). 

Legislature:  Rights  of,  384  (4);  compo- 
sition and  organization,  385  (5),  386 
(8-10),  389  (28);  sessions,  385  (6),  386 
(7),  388  (27,  28),  389  (34);  officers, 
386  (8-10);  Executive  Committee, 
386  (ll)-387  (16);  legislative  pi^g^- 
dure  and  order  of  business,  389-  (29- 
33);  competence  and  State  finances, 
390  (35-44);  complaints  as  to  abuses 
in  legislation  and  administration  in- 
troduced in  the  Legislature,  391  (45- 
46);  lodged  by  the  Legislature,  392 
(49-50);  see  also  Representatives. 

Loans,  384(4),  390(42). 

Ministry:  Complaints  against  Ministers 
lodged  by  members  of  the  Legislature, 
385  (4),  392  (49);  cooperation  with 
Legislature,  386  (14),  ,388  (27);  re- 
sponsibility and  punishment  for  mal- 
feasance in  oflfice,  391  (47)-393  (59). 

OAth,  official,  394  (65),  394  (67)-395  (69). 

Ober-Appellationsgericht,  392n. 


INDEX. 


527 


Saxe-Weimar-Eisenach — Continued. 

Oberlandesgericht,  392n. 

Property,  public,  384  (4),  390  (38,  '39- 
40);  private,  384  (4),  392  (49). 

Public  service:  Officials  other  than 
Ministers  and  heads  of  the  depart- 
ments, 392  (49,  50),  394  (63);  their 
oath  to  observe  and  uphold  the  Con- 
stitution, 394  (65);  their  offenses 
against  the  Constitution,  394  (66). 

Representatives:  Immunity,  388  (18- 
19);  obligations,  387  (17);  salaries  and 
allowances,  388  (20). 

Salaries:  Compensation  and  traveling 
expenses  of  legislative  representa- 
tives, 388  (20). 

Sovereign:  And  the  governmental  re- 
sponsibility of  his  Ministers,  391  (47- 
48);  their  trial  in  a  special  State  Court, 
392  (51)-394  (62);  cooperation  in  ac- 
tivities of  the  Legislature,  384  (4),  386 
(7,  9,  14),  388  (18,  26),  389  (29,  34);  in 
finance  functions  of  the  Legislature, 
390  (35-44);  decrees  require  counter- 
signature of  departmental  heads,  391 
(47);  defamatory  utterances  against, 
forbidden  in  Legislature,  388  (18); 
■  minority,  395  (69);  pledge  to  observe 

-'•  Constitution,  394  (67)-395  (69). 

State  Court,  special,  392  (51)-394  (62). 

State  property,  384  (4),  390  (38.  39-40). 

State  Treasury,  388  (20);  Legislature's 
right  of  audit  and  supervision,  384 
(4),  390  (36,  37,  38,  43,  44). 

Taxes,  384  (4),  390  (35,  37,  38). 

Territory,  alienation  of,  384  (4). 

Weimar,  seat  of  Legislature,  386  (7). 
8axony,  8  (1),  11  (8),  303  (11-12),  364  (1), 

•-'365(3),  366(4). 

Administration,  280  (41,  43), 

Assembly  of  the  Estates:  One  repre- 
sentative Assembly  for  the  two  prov- 
inces, 282  (61);  two  chambers,  286 
(61); 

First  Chamber:  Composition,  283 
(63)-284  (65);  duration  of  functions, 
284  (66);  officers,  285  (67); 

Second  Chamber:  Composition,  285 
(68);  election,  eligibility,  and  tenure 
of  office  of  deputies,  285  (71) ;  officers, 
285(72); 

Both  Chambers:  Eligibility  regula- 
tions common  to,  285  (73)-286  (75), 
286  (77);  functions  and  jurisdiction  in 


Saxony — Continued. 

general,  286  (78)-287  (81);  legislation, 
287  (85)-289  (95);  financial  legislation 
and  supervision,  289  (96)-292  (108); 
tax  legislation,  289  (96-97),  290  (102- 
103),  291  (104);  petition  and  com- 
plaint, right  to  make  and  receive,  292 
(109)-293  (111);  order  of  business  and 
legislative  procedure,  288  (91)-289 
(95).  295  (121)-296  (137);  prohibition 
to  meet  without  authority  of  the 
King,  294  (118);  relation  to  the  chief 
public  authorities.  296  (133);  recess, 
committees  of  the  Estates  to  act  dur- 
ing, 292  (107),  293  (114);  sessions,  294 
(115-119); 

King:  Appointees  in  the  First 
(  hamber,  283  (63) ;  prerogatives  and 
duties  during  sessions  of  the  Assem- 
bly. 292  (114)-294  (119);  powers  with 
reference  to  laws  and  ordinances,  288 
(87-90),  295  (121-122);  ratification  of 
decrees,  293  (112-113); 

Members:  Oath,  287  (82);  order  of 
seating,  286  (76);  personal  inviola- 
bility during  sessions,  287  (84);  sala- 
ries and  expenses,  295  (120). 

Budget,  see  P'inance. 

Cabinet.  280  (41);  see  Ministry. 

Catholic  (hurch.  Representation  in  the 
First  (hamber,  283  (63). 

(  hambers,  see  Assembly  of  the  Estates. 

{  haritable  institutions,  282  (60). 

Chief  Canonical  Establishment  at  Meis- 
sen, 283  (63). 

Churches:  Monasteries,  new,  not  to  be 
established,  282  (56);  permits  not 
tolerated,  282  (56);  political  relations, 

282  (59);  public  worship,  281  (56); 
spiritual  authority.  282  (58);  spiritual 
orders  not  tolerated,  282  (56);  suprem- 
acy of  King,  282  (57). 

Citizens,  278  (25);  see  Subjects. 

Civil  list,  277  (22). 

Collegiate    Establishment   at    Wurzen, 

283  (63). 
Confiscations,  281  (53). 
Constitution:  Amendments,  300  (152); 

maintenance,  by  King  or  regent,  296 
(138);  oath,  to  observe,  297  (139);  re- 
peal of  laws  at  variance  with  consti- 
tution. 300  (154);  settlement  of  doubt- 
ful points,  300  (153);  violations,  297 
(140). 


528 


INhKX 


Saxony — Continued . 

Dresden,  283  (63). 

Education:  Teachers  elected  to  the  As- 
sembly, 286  (75). 

Elections:  Electoral  districts,  285  (68); 
electors,  285  (73);  laws,  286  (77); 
members  of  Assembly,  283  (63,  64), 
284  (65,  66),  285  (68,  73). 

Eligibility  to  public  service,  279  (34). 

Emigration,  278  (29). 

Estates,  see  Assembly  of  the  Estates. 

Evangelical  Church,  282  (57);  repre- 
sentation in  the  First  Chamber,  283 
(63). 

Feudal  nobilty,  see  Nobility. 

Finances:  Board  of  Accounts,  292  (107); 
budget,  291  (106);  financial  legisla- 
tion in  the  Assembly,  289  (96)-292 
(108);  fiscal  periods,  289' (98);  loans, 
291  (105);  Ministry  of  Finance,  280 
(41);  national  debt,  292  (107);  sinking 
fund,  292  (107). 

First  Chamber,  see  Assembly  of  the 
Estates. 

Foreign  Affairs,  Ministry  of,  280  (41). 

Freedom  in  matters  of  faith,  279  (32). 

Freedom  of  person,  278  (27). 

German  Confederation,  272,  288  (89). 

Government,  form  of,  272  (3). 

Indivisibility  of  Kingdom,  272  (1). 

Interior,  Ministry  of,  280  (41). 

Jesuits,  not  tolerated,  282  (57), 

Judicial  court  of  State,  297  (142); 
amendments  to  Constitution,  300 
(152);  appeal  not  allowed,  299  (149); 
authority,  299  (148);  meetings,  298 
(145);  organization,  298  (143);  presi- 
dent shall  not  vote,  279  (147);  pro- 
ceedings of  King  in  cases  of  indict- 
ment, 300  (150);  procedure,  299  (146); 
repeal  of  laws  at  variance  with  Con- 
stitution, 300  (154);  settlement  of 
doubtful  points  in  Constitution,  300 
(153);  see  also  Justice. 

Justice:  'Administration  of,  280  (45); 
confiscation,  281  (53);  judicial  privi- 
lege of  exchequer,  281  (50);  legal 
prosecution,  281  (51);  Ministry  of, 
280  (41);  moratoria,  281  (54);  no  one 
shall  be  deprived  of  his  judge,  281 
(48);  pardon,  right  of,  281  (52); 
reasons  for  decisions  to  be  given,  280 
(46);  recourse  to  investigation,   281 


Saxony — Continued. 

(49);  tribunals  jurisdiction,  281  (47); 
see  also  Judicial  court  of  State. 

King:  Authority  of  regent,  273  (12); 
education  during  minority,  274  (15); 
his  person  is  sacred,  272  (4);  maiority, 
273  (8);  maintenance  of  Constitution 
by,  296  (138);  property  and  income, 
274-278;  regency,  273  (9)-274  (15); 
residence  and  maintenance,  274  (13); 
shall  not  become  sovereign  of  another 
State,  272  (5);  succession  in  female 
line  272  (7);  succession  in  male  line, 
272  (6);  supremacy  in  ecclesiastica.1 
matters,  282  (57);  prerogatives  and 
duties  toward  Assembly  of  the  Es- 
tates, 288  (87-88,  90) ;  unites  in  him- 
self supreme  authority,  272  (4);  see 
also  Assembly  of  the  Estates. 

Landtagsabschied,  294  (119). 

Landtagsordnung,  295  (120). 

Legal  prosecution,  281  (51). 

Legislation,  see  Assembly  of  the  Es- 
tates, and  Constitution. 

Leipzig,  283  (63). 

Loans,  see  Finances. 

Magistrates  of  cities  and  towns  in  the 
First  Chamber,  283  (63). 

Military  affairs:  Military  persons  elected 
to  public  ofhce,  286  (75);  Ministry 
of  War,  280  (41);  service,  278  (30). 

Ministry:  Cabinet,  280  (41);  counter- 
signature of  departmental  heads  to  all 
orders  emanating  directly  from  the 
King,  280  (43);  288  (88);  must  furnish 
statement  of  departmental  finan^^"^  t 
Assembly  when  requested,  289^^'- 

Monasteries,  new,  not  to  be  establisji^p  • 
282  (56).  ,nua 

Moratoria,  281  (54),  'J^ 

Municipalities:  Chief  magistrates  ap- 
I)ointed  to  the  First  Chamber,  2;>3 
(63);  municipal  councils,  286  (75); 
officials,  286  (75). 

Nobility:  Feudal  connections  between 
Sovereign  and  his  vassals,  275  (17); 
feudal  representatives  wiih  First 
Chamber,  283  (63)-284  (65);  see  nlw 
Royal  family. 

Oaths,  official,  287  (82);  297  (139). 

Pardon,  right  of,  281  (52). 

Petition  and  complaint,  right  of,  279 
(.36),292(109)-293(111). 


INDEX. 


52^ 


Saxony — Continued . 

Press  and  book  trade,  freedom  of,  279 
(35). 

Property:  Of  the  State  and  the  income 
and  property  of  the  Royal  Family, 
274-278,  292  (108);  private,  276  (21), 
278  (31). 

Public  institutions,  282  (60). 

Public  service:  Complaints  against 
State  officials  and,  292  (110)-293 
(111),  297  (140-141);  duties  defined 
in  special  law,  280  (44);  election  of 
public  servants,  286  (75);  ministerial 
departments,  280  (41);  officials,  re- 
sponsibility of,  280  (42);  orders  of 
King  to  be  countersigned  by  de- 
partmental heads,  280  (43). 

Public  worship,  281  (56). 

Regency,  273  (9)-274  (15);  296  (138). 

Religion,  281-282;  clergy  elected  as 
members  of  the  Assembly,  286  (75) ; 
Ministry  of,  280  (41) ;  see  also  Catholic 
Church,  and  Evangelical  Lutheran 
Church. 

Royal  family:  Property  and  income, 
274-278,  292  (108);  princes  of,  283  (63); 
relations  of  the  Duke  and  Duchy  of 
Saxe-Altenburg  to  the  Joint  House  of 
Saxony,  303  (11-12). 

Second  Chamber,  see  Assembly  of  the 
Estates. 

Spiritual  authority,  282  (58). 

Staatsgerichtshof,  297  (142). 

Subjects:  Civil  and  political  rights, 
278  (25-29),  279  (32-36);  duties,  278 
(24);  military  obligations,  278  (30); 
property  rights,  278  (31);  taxation 
ights,  279  (37)-280  (40). 
-cession  to  the  throne,  272  (6-7). 
airage  qualifications,  285  (74). 

Taxes:  Payment  of ,  279(37);  legislation 
in  the  Assembly,  289  (96,  97),  290, 
(102-103),  291  (104). 

University :  Representati  on  i  n  the  First 
Chamber,  283  (63). 
Schaumburg-Lippe,   Princely  House  of, 

91. 
Schaumburg-Lippe,  8  (1). 

Biickeburg,  397  (14),  405  (56). 

Bund  (German  Confederation),  409  (77). 
Coal  mines:  Schaumburg  404  (51);  con- 
tribution to  be   calculated   yearly, 
405  (53). 
Commercial  treaties,  397  (9). 
92975—19 34 


Schaumburg-Lippe — Continued. 

Constitution:  Changes,  409  (76);  to  go  in 
force  when  announced,  409  (77). 

Diet:  Adjournment,  400  (28) ;  allowance, 
399  (20);  budget,  401  (33);  composi- 
tion, 397  (14);  delegates,  loss  of 
qualification,  399  (22);  Diet  Commis- 
saries, 399(25);  dissolution,  400  (29); 
election,  398  (15);  elects  its  President, 
399  (24);  expenditures  in  excess  of 
budget,  401  (38);  has  right  of  com- 
plaint to  Government,  402  (42); 
loans,  402  (40) ;  members  can  not  be 
arrested  during  session,  398  (18);: 
members  can  not  be  called  to  account 
because  of  motions  in  Diet,  398  (17); 
members  to  consider  themselves  rep- 
resentatives of  entire  country,  398 
(16) ;  new  taxes,  401  (35) ;  opening  and 
closing,  399  (23);  period,  399  (21); 
preliminary    financial    computation^ 

401  (37);  quorum,  400  (27);  sessions 
are  public,  400  (26);  Sovereign  can 
adjourn,  400  (28);  Treasury  deficits, 

402  (39);  when  to  be  held,  399  (23). 
Diet  Committee:  Duties,  403  (45);  place 

of  assembly,  403  (47);  sessions  and 
periods,  402  (44). 
Domains:  Belong  to  Princely  House, 

403  (49);  coal  mines  (Schaumburg), 
405  (55);  contribution  to  expenditure 
of  administration,  404  (51);  revenues 
from,  403  (50);  separation  from  State 
budget,  403  (48). 

Elections,  397  (16)-398  (17). 

Feudalism,  abolished,  398n. 

Finance:  Budget,  401  (33,  38),  403  (48); 
Diet  competence  in  regard  to,  *401 
(33,  35,  37,  38),  402  (39-40);  domanial 
revenues,  403  (48,  50);  loans,  402  (40); 
Treasury  deficits,  402  (39). 

German  Confederation,  claims  against 
Principality,  409  (77). 

Grazing,  right  of,  409  (74). 

Hunting,  right  of,  409  (73). 

Judicial  system:  Separated  from  ad- 
ministration, 408  (69);  arrests  and 
trial  of  representatives  in  periods  of 
sessions,  398  (17-18). 

Landed  property,  free  from  tributes, 
408  (70). 

Laws  abrogated  by  Constitution,  410 
(80). 

Legislation,  transitional,  408-410. 


530 


INDEX. 


Schaiimburg-Lippe — Continued . 
Lese-majesty,  398  (17). 
Loans,  402  (40). 

North  German  Confederation,  relation 
of    Sovereign    and    Principality    to, 

396  (2),  401  (36),  405  (52),  406  (61). 
Ordinances  abrogated  by  Constitution, 

410  (80). 

Pardon,  right  of,  397  (10). 

Pasturing,  right  of,  409  (73). 

Political  treaties,  397  (9). 

Prince:  All  rights  of  executive  power 
are  united  in,  397  (5);  assembles 
Diet,  397  (11);     concludes  treaties, 

397  (9);  confers  all  titles,  397  (8); 
executive  power,  397  (7);  hereditary 
ruler,  396  (3);  majority,  397  (12); 
minority,  396  (4);  right  of  pardon, 
397  (10);  supervises  interior  admin- 
istration, 397  (8). 

Property,  domanial,  403  (48,  49,  50), 
404  (51),  405  (55);    landed  property, 
408  (70). 
Public   service:       Appointments,    407 
(62);    civil  service  law  to  be  issued, 
407    (66);  discharges    from    service, 
407  (64);    functionaries  bound  to  be 
loyal  to  Prince,  407  (63);  judges,  407 
(66);    pensions,  407  (65);   servants  of 
the  State  need  no  leave  of  absence 
to  join  the  Diet,  398  (19). 
Salaries,  410  (80). 
Schefelschatzgelder,  406  (59). 
Stadthagen,  397  (14). 
Taxes:  Legislation  in   Diet,    401    (35- 

36). 
Tenement,  hereditary,  408  (71). 
Territory,  396  (1). 
Treasury  deficits,  402  (39). 
Schefelschatzgelder,  406  (59). 
Schleswig,  6,  191  (17). 
Schleswig-Holstein  affair,  6. 
Schulachten,  202  (6). 
Schulze,  H.,  Hausgesetze  (cited),  257n. 
Schutzlmerger,  322  (108). 
JSchutzhuergerrecht,  322  (109). 
Schutzverwandte,  322  (108). 
Schwarzburg-Rudolstadt,  8  (1). 
Citizens,  see  Subjects. 
Civil  functionaries,  oath  to  observe  the 
constitutional  provisions  of  the  coun- 
try, 418  (48). 
Constitution:  Charges  against  Govern- 
ment members  for  violations  against, 


Schwarzb  urg-Rudolstadt — Continued . 
416    (35);  constitutionality    of   laws, 

414  (26);  oath  of  fidelity  to,  413  (18); 
oath  of  Prince  or  regent  to  maintain, 
418  (47);  oath  to  observe  of  ci\dl  func- 
tions, and  church  and  school  em- 
ployees, 418  (48);  obligation  of  Diet 
Committee  to  take  note  of  unconsti- 
tutional occurrences,  417  (43);  repeal 
or  amendment  of,  417  (46);  prosecu- 
tion of  counselors  for  violation,  412 
(6-8);  supersedes  all  previous  provi- 
sions incompatible  with  it,  418  (49). 

Counselors:  Appointment  and  tenure 
of  office,  412  (4);  their  complete 
amenability  to  civil  suits,  the  laws, 
and  the  Constitution,  412  (6);  their 
independence  of  the  Estates  General, 

412  (4);  see  also  Government. 

Crown  property,  see  Domains. 

Deputies  (to  Diet):  Election,  eligibil- 
ity, and  tenure  of  oflfice,  413  (1-3,  19); 
election,  413  (20);  nonterritoriality 
of,  413  (17);  oath  of  loyalty  to  Prince 
and  Constitution,  413  (18). 

Diet:  And  the  public  debt,  414  (27), 

415  (32);  budget,  417  (43);  budget  of 
expenses  and  expenditures,  416  (33- 
34);  budget  of  State  expenditures, 

415  (28-31);  composition  and  func- 
tion of,  413  (1,  17);  convening  of,  417 
(43);  convocation  of,  416  (36);  coop- 
eration in  finances  of  the  Government 
with  the  administrative  officials,  414 
(27),  416  (34);  cooperation  of  Gov- 
ernment administration  with,  416 
(39);  conduct  of  business,  413  (20); 
closing  of,   416   (41);  dissolution  of, 

413  (19);  414  (21);  executive  commit- 
tee of,  412  (8);  functions  of,  417  (43, 
44);  general  legislative  functions  of, 

416  (39) ;  general  legislative  rights  and 
functions,  414  (22,  23,  24-26);  legis- 
lative functions  in  determining  and 
fixing  State  revenues  and  expendi- 
tures, 414  (23,  27),  415  (29);  may  alone 
institute  criminal  proceedings  for 
violations  of  the  Constitution,  412 
(7-8);  order  of  business,  413  (20);  416 
(38);  quorum,  413  (20);  repeal  or 
amendment  of  the  Constitution,  417 
(46);  right  of  petition  and  complaint, 

414  (23),  416  (35);  right  to  prefer 
charges   against  Government   mem- 


INDEX. 


531 


Schwarzburg-Rudolstadt — Continued, 
bers  for  violation  of  Constitution,  416 
(35);  right  to  test  constitutionality  of 
laws,  414  (26);  sessions,  416  (36-37, 
40,  41);  supervision  of  State  revenues 
and  expenditures,  414  (23),  415  (30- 
32),  416  (33-34);  see  also  Deputies, 
and  Diet  Committee. 

Diet  Committee:  Composition,  417  (42); 
convening,  417  (43-44);  function,  416 
(37);  417  (42);  sessions,  417  (43). 

Diet  resolution  of  21  April  1821,  re- 
pealed, 418  (49). 

Domains:  Their  constitution,  care,  and 
administration,  412  (9),  413  (11); 
sales  of,  412  (10),  415  (31). 

Education:  School  employees  to  take 
oath  to  observe  the  Constitution,  418 
(48). 

Election  law  and  ordinance  of  9  June 
1848,  repealed,  418  (49). 

Elections,  413  (1,  2,  3,  19),  414  (21). 

Estates  General,  see  Diet. 

Expenditures,  see  Finance. 

Finance:  Audit  of   revenues   and  ex- 

.  penses,  416  (33-34);  budget,  417  (43); 
•  •  i  budget  of  expenses  and  expenditures, 

.     416  (33-34);  budget  of  State  expendi- 
-  '  Jtures,  415  (28-31) ;  budget  periods,  415 

>tii{28-29);  Diet's  legislative  functions 

li  in  regard  to,  414  (23,  27),  415  (29,  32); 
lOvDiet's  right  of  supervision,  414  (23), 

..'m415  (30-31),  416  (33-34);  expenses  of 
the  administration,  413  (11);  finance 
committee,    415    (32),    416  (33,  37); 

It  general  treasury,  416  (33);  princely 
.>0i:bond8,  415  (32),  416  (33);  public 
,io  debt,  414  (27),  415  (32);  State  reve- 
-timnues,   414  (23);  treasury  notes,  415 

m{%2). 

GDvernment:  Administration,  func- 
tions, and  obligations  of,  415  (28,  30- 
31);  administrative  officials  to  certify 
'  all  treasury  notes,  415  (32);  adminis- 
trative functions,  412  (4-6),  see  also 
Counselors;  expenses  of  the  admin- 
istration, 413  (11);  financial  functions 
of  the  administrative  officials  in  co- 
operation with  Diet,  414  (27),  416 
(34);  legislative  branch,  see  Diet; 
legislative  powers  and  limitations  of 
its  administrative  officers,  414  (25); 
members  of,  see  also  Counselors; 
supreme  power  in  Prince,  411  (1). 


Schwarzburg-Rudolstadt — Continued. 

Judicial  system:  Complaints  regarding 
abuses  or  derelictions  in  administra- 
tion of  justice,  416  (35);  criminal  pro- 
ceedings for  violations  of  the  Consti- 
tution, 412  (7-8);  princely  court  of 
appeals,  412  (8). 

Laws:  Constitutionality  of,  414  (26); 
promulgation  of,  412  (5-6),  414  (26); 
see  also  Diet  (legislative  functions) . 

Legislation,  see  Diet. 

Oath  of  loyalty  to  Prince  and  Constitu- 
tion, 413  (18). 

Personal  liberty,  414  (24). 

Petition  and  complaint,  right  of,  414 
(23),  416  (35). 

Prince:  Accession  oath  to  recognize  and 
maintain  Constitution,  418  (47);  and 
Diet  Committee,  417  (43);  charges 
against  Government  members  for  vio- 
lation of  Constitution,  416  (35);  co- 
operation in  State  matters  with  Diet, 

411  (1);  and  criminal  proceedings  for 
violations  of  the  Constitution  against 
his  counselors,  412  (6-8);  convening 
of  Diet,  416  (36);  dissolution  of  the 
Diet,  413  (19);  414  (21);  family  sup- 
ported out  of  revenues  of  the  domains, 
413  (11);  his  exercise  of  administra- 
tive functions  in  the   Principality, 

412  (4-6);  household  expenses  de- 
frayed out  of  revenues  of  domains, 

412  (10);  minority  of,  418  (47);  pledge 
of  loyalty  to,  413  (18);  personal  invio- 
lability and  irresponsibility,  411  (2); 
supreme  head  of  State,  411  (1);  to 
sign  treasury  notes,  415  (32). 

Principality:  Fundamental  laws  of,  414 
(24);  representation  in  Diet,  411  (1), 

413  (1,  17). 

Princely  House,  property  of,  see  Do- 
mains. 

Property,  Crown  and,  of  Princely 
house,  see  Domains;  of  subjects,  414 
(24). 

Puhlicandum  on   popular  representa 
tion  of    8  January  1816,   rei)ealed, 
418  (49). 

Religion:  Church  employees  to  take 
oath  to  observe  the  Constitution,  418 
(48). 

Responsibility  of  Members  of  the 
Princely  Privy  Council  Board,  law 
of  2  June  1848  on,  repealed,  418  (49). 


532 


INDEX. 


Schwarzburg-Rudolstadt — Continued. 

Revenues,  see  Finances. 

Revenues  and  expenditures,  determi- 
nation and  fixing  of  by  Diet,  415  (29). 

Salaries,  413  (2). 

State,  see  Governn>ent. 

Subjects:  Acquisition  and  loss  of  status 
as,  411  (3) ;  rights  in  alienation  of  ter- 
ritory to  be  safeguarded  by  Diet,  415 
(33);  personal  liberty  and  security, 

414  (24);  property,  414  (24);  rights 
and  powers,  411  (3);  taxes  and  other 
burdens,  414  (23,  27). 

Succession  to  the  throne,  412  (9). 

Taxes:  And  other  burdens,  imposition 
of,  414  (23,  27);  expenditures  of,  415 
(28);  levy  of,  415  (29);  see  also  Fi- 
nance. 

Territory;  alienation  of,  415  (31). 

Treasury,  see  Finance. 

Treaties,  calling  for  cession  of  territory, 

415  (31). 
Schwarzburg-Sondershausen,  8  (1). 

Advisory  Council,  423  (39). 

Citizens,  petitions  and  complaint  of,  424 
(55). 

Citizenship,  acquisition  and  loss  of,  419 

(6). 
'  Civil  service,  law  of,  419  (10). 

Constitution:  Changes  or  additions  to, 
421  (17),  423  (38,  39);  oath  of  Prince 
and  public  officials  to  observe,  421 
(18),  422  (31). 

Constitution  of  12  December  1849, 
rescinded,  419  (7). 

Crown  lands,  421  (19-20),  424.(51,  54), 
427  (83). 

Diet:  Archives  of,  421  (18);  articulation 
(cooperation)  with  Ministry,  425  (56, 
57,  58,  65),  426  (66,  67,  70,  71);  delib- 
erations and  votes  on  bills,  425  (64), 
426  (70);  deliberations  and  votes  on 
changes  or  additions  to  Constitution, 
423  (30);  general  legislative  func- 
tions of,  422  (34),  423  (43);  elections 
and  eligibility  of  deputies,  421  (22- 
25),  422  (29);  general  function  of,  421 
(21);  immunity  of  its  deputies  in  the 
discharge  of  their  official  duties,  422 
(32) ;  legislative  functions  in  regard  to 
Government  finances,  including  the 
sale  of  public  and  Crown  lands,  423 
(44),  424  (54);  living  and  traveling 
expenses  of  its  deputies,  422  (33); 


Schwarzburg-Sondershausen — Contd. 
oath  of  deputies  of  loyalty  to  Prince- 
and  Constitution,  422  (31);  officers  of^ 
422  (31),  425  (59-60),  426  (67,  72-74)^ 
427  (80);  official  obligations  of  depu- 
ties to  entire  Principality,  422  (30); 
order  of  business,  426  (71);  representa- 
tion of  Principality  in,  419  (2);  right- 
to  institute  court  proceedings  for  vio- 
lation of  Constitution,  425  (57);  right 
to  receive  and  lay  before  the  Prince 
petitions  and  complaints,  324  (55)^ 
425  (61);  sessions,  421  (26),  422  (29),. 
425  (62-63),  426  (67,  73,  74). 
Diet  Committee:  Composition,  periods 
and  officers  of,  426  (72-74);  coopera- 
tion with  Diet,  427  (78,  79,  80,  81,  82,. 
83),  428  (87);  cooperation  with  Min-  - 
istry,  427  (79,  82,  85);    functions  in 
regard  to  Government  finances  and 
budget,    427    (76-84);  in    regard    to- 
other Government  business,  427  (85); 
meetings  and  method  of  conducting 
business,  427  (75),  428  (86). 
Duties,  424  (47). 
Elections,  421  (22-25),  422  (29). 
Evangelical     Lutheran     Church,     the- 

State  Church,  419  (4-5). 
Finance:  Annual  statements  and  au- 
dits, 427  (76);  budget,  433  (45),  424 
(46),  427  (77,  78);  budget  periods,  421 
(26),  423  (44);  guarantees  taken  over 
by  the  State  only  by  act  of  the  Diet^ 
424  (50);  issuance  of  paper  money 
only  by  act  of  the  Diet,  424  (50); 
justification  for  moneys  expended, 
outside  of  the  budget  provisions,  427 
(77-78);  loans  floated  only  by  an  act 
of  the  Diet,  424  (50);  revenues  to  be 
used  for  the  purpose  for  which  they 
were  legislated,  424  (49),  427  (76);: 
Treasury  has  charge  of  all  debts  of 
State  or  the  exchequer,  424  (52);  see- 
also  Taxes,  Duties,  and  Revenues. 
German  Customs  and  Commercial" 
Union,  Government  contract  relative 
to,  423  (43). 
Government:  Administration  of,  see 
Prince;  executive  power  of  (see  also 
Prince),  421  (17);  form  of,  419  (1-2); 
legislative  power,  see  Diet;  officials 
.     (see  also  Civil  service),  421  (23),  42a 

(66). 
Judiciary,  and  matters  of  ,428  (1). 


INDEX. 


533 


Schwarzburg-Sonderahausen — Contd. 

Laws:  Accession  oath  of  Prince  or 
regent  to  support  and  protect,  421 
(18);  general  code,  426  (67,  71);  spe- 
cial for  regency  and  education  of 
Prince  during  his  minority,  420  (16). 

Ministry:  Appointment  and  tenure 
office  of  members,  419  (10);  coopera- 
tion with  Diet,  425  (56,  58,  65),  426 
(66,  67,  70,  71);  functions,  obliga- 
tions, and  responsibilities,  420 
(11-12),  422  (27,  31),  424  (49,  52,  55), 
425  (57). 

Nationality:    Acquisition  and   loss  of, 

419  (6);  see  also  Citizenship. 
Oath  of  office,  421  (18),  422  (31). 
Prince:  And  the  sessions  of  the  Diet, 

421  (26),  422  (29);  cooperation  with 
Diet,  419  (8),  423  (40-41);  deputies 
of  Diet  pledge  loyalty  and  obedience 
to,  422  (31);  executive  power  of,  419 
(8);  inviolability  of  person  and  per- 
sonal irresponsibility,  419  (9),  420 
(12);  legislative  cooperation  with 
Diet,  422  (34),  423  (37,  39);  majority, 

420  (15);  Crown  land  and  private 
property  of  the  Princely  lands,  421 
(19-20),  424  (51,  54),  427  (83);  regency 
during  his  minority  or  his  inability 
to  rule,  420  (16),  421  (18);  status  in 
State  Church,  419  (4);  throne,  424 
(55),  425  (57);  see  also  Princely 
House,  and  Succession  to  the  throne. 

Princely  House  (Schwarzburg-Sonders- 
hausen  and  Schwarzburg  -  Rudol- 
stadt),  420  (13). 

Property:  Of  the  Prince  and  Princely 

•  House,  421  (19-20),  424  (51,  54),  427 
(83);  sale  of  public  lands  and,  424 
(53),  427  (83). 

Provincial  Assembly,  424  (52). 

Regency:  During  the  minority  of  the 
Prince  or  his  inability  to  rule,  420 
(16);  oath  of  accession  and  convoca- 
tion of  Diet,  420  (18);  powers  and 
limitations  of  regent,  420  (17). 

Religion:  Its  parish  administration, 
419  (5);  Prince's  status  therein,  419 
(4);  State  Church  (Evangelical-Lu- 
theran), 419  (^5). 

Revenues,  raising  of,  427  (76). 

Salaries,  422  (33). 

State:  Church,  419  (^5);  Principality 
of  Schwar^burg-Sondershausen  con- 
stitute one,  419  (1). 


Schwarzburg-Sondershausen — Contd. 
State  officials,  see  Government. 
State  contracts.  When  needing  the  con- 
sent of  the  Diet,  423  (42). 
Succession  to  the  throne,  420  (13-14). 
Taxes,  424  (47);  raising  of,  427  (76). 
Thuringia,  Government  contracts,  rel- 
ative to,  423  (43). 
Schwerin,  Duchy  of,  187. 
Science,  teaching  of,  free,  226  (20). 
Search  and  seizure  (legal),  195  (40),  260 

(40,  44),  432  (29). 
Serfage,  228  (42). 
Serfdom,  450  (25). 
Servitude,  76  (7),  148  (25). 
Shipbuilding  artisans  exempt  from  army 

service,  21  (53). 
Sielachten,  202  (6). 
Signals  of  navigation,  9  (9). 
Slavery,  76  (7),  148  (25). 
Socage,  59  (7). 
Societies,  see  Associations. 
Sonderburg,  191  (17). 
South  German  States,  6,  7. 
Speech,  freedom  of,  77  (112),  154  (83>  84), 

196  (46),  347  (43). 
S taatsanudlte,  2S5  (9S).  - 
Staats-Burgerrecht,  147  (12). 
Staatsgerichtshof,  297  (142). 
Stadtburgerschaft,  87  (76). 
Stadthagen,  397  (14). 
Stdnde  (Estates),  242  (27). 
Stdndeversammlung,  52n. 
Stammguter,  223  (213). 
State  Church,  325-332,  370  (29,  30). 
States  of  the  Confederation:  Their  rights 
in  the  Bundesrat,  10  (6)-12  (9);  their 
constitutional  duties,  13  (19). 
States  of  the  Empire,  8  (1). 
Statthalter  (Alsace-Lorraine),  7. 
Sternberg,  187. 
Steuerjahre,  171  (22). 
Steuer-und  Gewerhe-Ver/assung,  228  (42). 
Stevens,  Wilfred  (translator),  91n,  189n, 

429n. 
Stoerk-Rauchhaupt,  Handhuch  der  Deut- 
schen  Verfassungen  (cited),  5n,  lOn, 
28n,  35n,  51n,  71n,  91n,  128n,  145n, 
158n,  165n,  189n,  225n,  238n,  256n, 
272n,  302n,  342n,  365n,  384n,  396n, 
411n,  419n,  429n,  447n. 
Stuttgart,  460  (129),  461  (132),  462  (133), 
463  (144),  471  (190). 


534 


INDEX. 


Suffrage  laws,  32  (2)-33  (8),  40  (34-35), 
132  (31),  170  (20-21),  285  (74),  317 
(18),  360  (146),  361  (152),  462  (133a), 
463  (135,  142,  143),  487  (2). 

Sugar,  taxation  of,  15  (35). 

Supreme  Court:  Law  on  the  Constitution 
of  courts  of  justice  of  27  Jan.  1877: 
"Supreme Court",  379n. 

Syndikus,  334  (223),  340  (265). 

Syrup,  taxation  of,  15  (35). 

Taxes,  15  (35),  30  (23),  36  (8), 42  (43, 54),  43 
(56),  44  (61),  45(56),  52,  57  (4)-58  (5), 
64  (3),  65  (7),  72  (I),  96  (39),  114  (173- 
174),  115  (175-180),  116  (181-182), 
137  (62),  146  (9),  151  (76),  152  (69), 
159  (5,  6),  170  (20),  177  (50),  201  (65), 
218  (187),  221  (94),  235  (101),  236 
(109),  243  (32,  34),  250  (70),  289  (97), 
290  (102-103),  291  (104),  314  (74)-315 
(76),  318  (92),  321  (103),  331  (202), 
336  (236),  337  (246),  348  (58),  350 
(71),  356  (118),  357  (121),  358  (126), 
371  (37,  38),  372  (42),  376  (56,  57), 
378  (81),  379  (83),  401  (35,  36),  424 
(47),  427  (76),  429  (7),  430  (12),  433 
(36),  434  (46),  438  (83,  85),  447  (2), 
458-459,  460*(124),  481  (5). 

Taylor,  H.  N.  (translator),  28n,  238/1, 
342n. 

Teaching,  freedom  of,  226  (20). 

Telegraph,  see  Post  and  telegraph. 

Territory,  alienation  of,  see  Alienation  of 
territory. 

Tertia  marcalis,  224  (218). 

Territory,  Federal,  8  (1),  477  (2). 

Thuringia,  Government  contracts  of  the 
Principality  of  Schwarzburg-Sonders- 
hausen  relative  to,  423  (43). 

Titles,  92  (10),  397  (8). 

Tobacco,  taxation  of,  7,  15  (38). 

Trade:  Bundesrat  committee  on,  11  (8); 
in  foreign  countries,  9  (7). 

76  (11),  84  (58),  311  (58),  320  (102), 
321  (107),  451  (29,  31),  462  (1326); 
see  also,  Commerce. 

Transactions  of  the  Chamber  of  Councillors, 

1842-42,  of  Bavaria,  (cited),  72n. 
Transactions  of  the  Chamber  of  Deputies,  of 
Bavaria,  (cited),  72n. 

Treason,  see  High  treason. 

Treasury,  see  Finance. 


Treaty:  Baden,  15  Nov.  1870,  6;  and  25 
Nov.  1870,  6;  Bremen,  84;  Bruns- 
wick, 92;  Customs  Union,  8  July 
1867;  Hamburg,  131  (22);  Hesse,  IS 
Nov.  1870,  6;  and  25  Nov.  1870,  6; 
North  German  Confederation,  15 
Nov.  1870,  6;  and  25  Nov.  1870,  6; 
of  Prague,  6;  of  Pressburg,  5;  Olden- 
burg, 190  (6);  Prussia,  with  Wal- 
deck-Pyrmont,  2  Mar.  1887,  429n,. 
442-446;  Reuss,  Younger  Line,  264 
(71);  Saxe-Altenburg,  307  (41);  Saxe- 
Coburg-Gotha,  358  (128);  Saxe-Mein- 
ingen,  366  (6,  7),  368  (18);  Schaum- 
burg-Lippe,  397  (9);  Schwarzburg- 
Rudolstadt,  415  (31);  Waldeck,  429n, 
430  (11),  442-446;  Wurttemberg,  15 
Nov.  1870,  6;  and  25  Nov.  1870,  6. 

Ttibingen,  460  (129),  462  (133). 

Ulm,  462  (133). 

Unions,  right  to  form,  347  (46). 

Universities,  37  (21),  122  (219),  283  (63). 
456  (84),  460  (129). 

University  of  Helmstedt,  122  (219). 

University  of  Tubingen,  456  (84),  460 
(129),  461  (132a). 

Unterbezirke,  173  (28). 

Uprisings,  359  (131). 

Urlaub,  232  (78). 

Urwahler,  231  (69). 

Vassalage,  348  (53). 

Veterinary  and  medical  matters,  police 
regulation  of,  10  (15). 

Vienna,  Congress  of,  51. 

Vienna,  final  act  of  15  May  1820,  5. 

Vocational  training,  345  (4). 

Vogteien,  202  (6). 

Volksschulen,  226  (21). 

Vorstand  (Head  of  the  Government)^ 
248  (64),  254  (91). 

Wahlmann,  231  (69). 

Waldeck,  8  (1). 
Administrative  Authorities:  Functions 
and  jurisdiction,   437   (80);  judicial 
functions  not  permissible,  438  (81); 
to  receive  written  petition  and  com- 
plaints of  citizens,  433  (33). 
Amnesty,  430  (12). 
Assembly,  435  (51,  59),   436  (68);  see 

also  Diet. 
Assembly,  right  of,  432  (29). 
Association,  right  to  form,  432  (29). 


INDEX. 


535 


Waldeck — Continued. 

Bonds  and  burdens  (seigniorial  and 
protectorial):  Abolished,  433  (35); 
(feudal)  redeemable,  433  (38) ;  funda- 
mental privilege  to  hunt  on  another's 
land,  433  (37);  taxes  and  duties  of 
performance  as  a  lien  on  soil,  re- 
deemable, 433  (36). 

Budget,  439  (91). 

Censorship  of  the  press,  432  (30). 

Charity:  Property  of  charitable  insti- 
tutions, 434  (43). 

Christian  religion,  the  basis  of  govern- 
mental institutions  connected  with 
the  exercise  of  religious  worship,  433 
(39). 

Citizens,  429  (2);  corporate  rights  and 
property  of  religions,  432  (41),  434 
(43);  freedom  of  belief  and  con- 
science, 433  (40);  military  obliga- 
tions of,  432  (31),  433  (32);  property 
rights,  433  (34);  right  of  petition,  433 
(33);  rights  and  liberties,  432  (28-30), 
433  (32);  rights  not  contingent  upon 
religious  confession,  433  (40);  right 
of  assembly,  432  (29),  433  (40),  434 
(41). 

Civil  authorities:  When  they  may  use 
the  armed  forces,  439  (93). 

Civil  service,  430  (10). 

Communes:  Appointment  of  public 
school  teachers,  434  (44);  right  of 
administration  of  their  affairs,  434 
(45). 

Complaint,  right  of,  433  (33). 

Constitution:  Amendment,  elucidation, 
or  amplification,  440  (95) ;  binding  on 
Prince,  429  (3);  impeachment  of  re- 
sponsible members  of  Government 
for  violation  of,  436  (66);  laws  or 
provisions  of  law  are  repealed  if 
contrary  to,  440  (98);  modification 
of,  429  (7),  440  (97);  oaths  to  observe 
of  Prince  and  all  officers  and  servants 
of  State,  431  (17,  18,  21),  435  (59); 
regulates  rights  and  duties  of  citizens, 
432  (28);  war  or  insurrection  forms 
an  exceptional  condition,  440  (96). 

Constitution  of  23  May  1849,  429,  432 
(26). 

Corporative  rights,  433  (40),  434  (41). 

Courts:  Exceptional  are  impermissible, 
437  (75) ;  functions  and  jurisdictions, 
437   (80);  judicial  powers  exercised 


Waldeck — Continued . 

in  name  of  Prince  by  independent, 
437  (74) ;  patrimonial  shall  not  exist, 
437  (74);  no  privileged  status  with 
respect  to  persons  or  things  to  exist, 
437  (76). 

Crimes  and  misdemeanors,  433  (40). 

Debts,  State,  guaranteed,  439  (88). 

Decrees:  Binding  when  sanctioned  by 
Estates,  440  (94). 

Deputies  of  the  Diet,  435  (49,  50,  51, 
59,  60);  freedom  of  vote  of,  436  (62); 
immunity  from  trial  and  punish- 
ment in  official  discharge  of  duties 
(exceptions  noted),  436  (68);  non- 
attendance  to  duties  and  mis- 
conduct and  penalty  of  expulsion 
therefor,  436  (69);  recompense  of, 
436  (70). 

Diet  (joint  for  the  two  Principalities): 
Adjournment  of,  435  (54);  archives 
of,  431  (17);  assemblage  of  on  assump- 
tion of  control  of  the  Government  by 
the  Prince,  431  (18);  by  the  regent, 
431  (22);  close  of,  435  (52,  53,  56); 
committees  of,  436  (64);  composition, 
435  (49) ;  consent  of  to  moratoria,  438 
(82);  convocation  of,  435  (52);  de- 
famatory utterance  of  deputies 
against,  436  (68);  deputations  not 
generally  admitted  to,  436  (67);  dis- 
solution of,  435  (52-54),  436  (66); 
election  and  eligibility  of  deputies, 
435  (49-51);  impeaches  responsible 
members  of  the  Government  for  vio- 
lation of  Constitution,  436  (66);  in 
case  of  war  or  insurrection  excep- 
tional condition  may  be  introduced, 
440  (96);  its  function,  434  (46);  its 
legislative  cooperation  with  the 
Prince,  429  (6-7);  its  method  of  pro- 
cedure, 435  (58,  60) ;  legislative  articu- 
lation of  Prince  with,  435  (52-54); 
legislative  functions  of,  436  (65); 
opening  of,  435  (56);  order  and 
method  of  business,  436  (62);  Presi- 
dent of,  435  (59,  60);  procedure  in 
regard  to  amendment,  elucidation, 
or  amplification  of  the  Constitution,. 
440  (95);  quorum,  435  (57);  receives 
and  discusses  written  (not  personally 
delivered)  petitions,  436  (67);  rela- 
tions with  the  Government,  436- 
(63-64);  responsibility  for  exact  ob- 


536 


INDEX. 


Waldeck — Continued. 

servance  of  the  Constitution,  437 
(72);  8e?it,  434  (47);  secretaries,  435 
(60) ;  sessions  of,  435  (54,  55),  436  (61) ; 
test  as  to  legal  validity  of  laws  and 
decrees,    440    (94);    Vice-President, 

435  (60) ;  see  also  Estates. 
Dues  (various  kinds),  430  (12). 
Education:  Matters  relating  to,  under 

supervision  of  State,  434  (44);  prop- 
erty of  educational  institutions,  434 
(43);  public-school  teachers,  434 
(44);  State  high  school  (Gymnasium), 
443  (4);  taxation  of  school  property, 
438  (83). 

Elections,  435  (52);  electoral  law,  429 
(7),  435  (49);  electoral  precincts,  435 
(49). 

Emergency  expenditures,   439   (89). 

Emigration,  433  (32). 

Estates,  436  (66);  in  case  of  war  or  in- 
surrection exceptional  condition  may 
be  introduced,  440  (96);  in  treaties 
with  foreign  Governments,  430  (11); 
joint,  their  consent  necessary  to 
alienation  of  territory,  429  (2);  rep- 
resentatives of  the  country,  430  (12), 
432  (26,  27),  434  (43),  435  (52,  54,  60), 

436  (65),  440  (94) ;  resolution  in  regard 
to  amendment,  elucidation,  or  ampli- 
fication of  the  Constitution,  440  (95); 
when  their  sanction  is  required  in 
boundary  adjustments.  429  (2);  see 
also  Diet. 

Evangelical  Church,  434  (42). 

Executive  power,  see  Prince. 

Fees.  430  (12). 

Feudal  bonds,  redeemable,  433  (38). 

Financial  administration:  Emergency 
expenditures,  439  (89);  moratoriums, 
438  (82);  taxation  by,  438  (83-85); 
union  of  the  administrations  of  the 
two   Principalities,    438    (84). 

Foreign  affairs.  430  (11). 

German  Confederation,  coordination  of 
the  military  affairs  of  the  Principality 
with,  439  (92);  effect  of  Federal  laws 
and  resolutions  on  the  Constitution, 
440  (97). 

Glebe  lands,  taxation  of,  438  (83). 

Government:  Employees  to  observe 
Constitution,  431  (17,  18,  19,  20,  23), 
435  (56,  60);  437  (73);  form  of,  429 
(1);  Government,    impeachment   of 


Waldeck — Continued . 

responsible  members  for  violation  of 
the  Constitution,  436  (66);  officials, 
loyalty  and  responsibility  to  Prince, 
437  (71);  regency  during  minority  of 
Prince,  431  (19-25);  relations  with 
Diet,  436  (63-64);  service  (see  also 
Public  service,  Civil  service),  435 
(51);  supreme  power  of  hereditary 
in  Princely  House,  430  (15);  execu- 
tive branch,  see  Prince;  legislative 
branch,  see  Diet;  internal  adminis- 
tration vested  in  Prussia,  442  (1); 
authority  in  King  of  Prussia,  434  (4); 
see  also  State  Government. 

Government  officials:  Transfer  to  Prus- 
sian Government.  443  (7);  to  be  ap- 
pointed by  Prussia^  443  (7). 

Governmental  Director,  443  (5). 

Hunting,  as  a  fundamental  right,  re- 
deemable, 433  (37). 

Insurrection,  introduces  an  excep- 
tional condition  into  the  Constitu- 
tion, 440  (96). 

Judicial  system:  Criminal  actions  and 
proceedings,  437  (79) ;  judges  removed 
from  office,  437  (77);  judicial  func- 
tions not  permissible  by  administra- 
tive authorities.  438  (81);  judicial 
power  exercised  in  name  of  Prince  by 
independent  courts,  437  (74);  judicial 
proceedings  public,  437  (78);  lawful 
judge  guaranteed  every  one,  437  (75); 
military  jurisdiction  of  courts,  437 
(76);  police  authorities  have  no 
criminal  jurisdiction,  438  (81);  Prus- 
sian reorganization  of,  443  (6);  revi- 
sion of  penal  code,  439  (99);  see  also 
Courts. 

Juries:  Competency  of,  429  (7);  grave 
criminal  cases  tried  by,  437  (79). 

Legislation,  433  (32),  434  (46),  437  (76); 
cooperation  of  Prince  and  Diet  in, 
429  (6-7). 

Marriage,  civil,  of  persons  professing 
different  religions,  433  (40). 

Military  affairs:  Armed  forces  estab- 
lished in  accordance  with  laws  of 
German  Confederation,  439  (92); 
jurisdiction  of  courts  of  law  reserved 
for  special  legislation  with  respect  to 
privileged  status  before  the  courts, 
437  (76);  service,  430  (9),  432  (31), 
433  (32);  use  of  armed  forces  in  inter- 
nal affairs,  439  (93). 


INDEX. 


537 


Waldeck — Continued.  ' 

Military  Convention  between  Prussia 
and  Waldeck  on  24  Nov.  1877,  439n. 

Ministry  of  State,  435  (59);  see  also 
State  Government. 

Moratoriums,  granted  only  with  con- 
sent of  Diet  in  certain  cases,  438  (82). 

Natives,  430  (10);  see  also  Citizens. 

Pardon,  right  of,  430  (12). 

Patent  of  Prince  or  the  regent,  131  (17, 
21,  23). 

Personal  liberty,  432  (29). 

Petition,  right  of,  433  (33). 

Police  authorities  have  no  criminal 
jurisdiction,  438  (81). 

Press,  freedom  and  censorship  of,  432 
(30). 

Prince :  Appointive  and  dismissal  power 
of,  430  (8, 10);  edicts  of,  to  be  counter- 
signed by  at  least  one  member  of  the 
State  government,  429  (5);  entire 
governmental  power  united  in,  429 
(3);  executive  functions,  429  (8); 
has  supreme  command  over  the 
military  establishment,  430  (9);  his 
chief  abode  and  seat  of  government, 

430  (13);  his  governmental  preroga- 
tives in  the  opening,  closing,  dissolu- 
tion, and  adjustment  of  Diet,  435 
(52-54),  (56);  his  right  of  pardon  and 
amnesty,  430  (12);  in  governmental 
functions  to  act  in  cooperation  with 
the  representatives  of  the  country, 
429  (3);  inviolability  of  person,  429 
(4);  irresponsibility  for  his  acts,  429 
(4);  judiciary  powers  exercised  by 
independent  courts  in  name  of,  437 
(75);  legislative  cooperation  of  Diet 
with,  435  (53);  legislative  preroga- 
tives and  restrictions  of,  429  (6-7); 
loyalty  and  responsibility  of  Govern- 
ment officials  to,  437  (71);  majority, 

431  (16);  minority,  431  (19-25);  oath 
of  loyalty  and  obedience  to,  431  (18), 
435  (59),  437  (73);  patent  and  oath  of 
supreme  power,  431  (17);  represents 
the  State  in  foreign  relations,  430  (11); 
substitute  for,  in  governmental  func- 
tions, 430  (14),  435  (56),  437  (72);  to 
remit  taxes,  fees,  and  other  dues,  430 
(12). 

Princely  House,  432  (27,  31),  437 
(76);  domanial  property  of,  432  (26), 


Waldeck — Continued . 

438  (83);  heredity  of  supreme  power, 
430  (15)-;  its  family  laws,  431  (20); 
taxation  of  property  and  members  of, 
438  (83). 

Private  individuals,  defamatory  utter- 
ances of  deputies  against,  436  (68). 

Property:  Domanial,  private,  public, 
religious,  charitable,  educational, 
State,  see  individual  entries;  inviola- 
bility of,  433  (34). 

Protectorial  bonds,  with  personal  con- 
tributions and  burdens  attached 
thereto,  abolished,  433  (35). 

Prussia:  Military  Convention  of  24 
November  1877,  with,  439n:  Treaty 
and  Final  Protocol  of  2  March  1887, 
with,  429n,  442-446. 

Public  officers,  435  (50) ;  see  also  Govern- 
ment service  and  Civil  service. 

Pyrmont:  Number  of  deputies  in  the 
Joint  Diet,  435  (49);  Principality  of, 
430  (15),  434  (46). 

Regency,  see  Government,  regency 
during  minority  of  Prince. 

Religion:  Christian,  the  basis  of  govern 
mental  institutions  connected  with 
the  exercise  of  religious  worship,  433 
(39);  freedom  of,  and  its  relation  to 
State  and  civic  matters,  433  (40), 
434  (41);  position  of  the  Church 
toward  the  school,  434  (44);  property 
of  religious  denominations  and  organi- 
zations, 434  (42-43);  taxation  of 
Church  property,  438  (83). 

Representatives  of  the  country:  Prince 
must" act  in  cooperation  with,  429  (3); 
to  receive  written  petitions  and  com- 
plaints of  citizens,  433  (33);  see  also 
Estates,  and  Diet. 

Roman  Catholic  Church,  434  (42). 

Salaries,  435  (60). 

Search  and  seizure  of  private  and  per- 
sonal effects,  432  (29). 

Seigniorial  bonds,  with  personal  con- 
tributions and  burdens  attached 
thereto,  abolished,  433  (35). 

Soil,  taxes  and  duties  of  performance 
resting  as  a  lien  upon,  redeemable, 

433  (36). 

State  (see  also  State  Government),  432 
(31),  433  (40),  434  (45);  supervision 
of  all  matters  relating  to  education, 

434  (44). 


538 


I2»ri>£X. 


Waldeck — Continued. 
State  Government:  Appointment  and 
dismissal  of  its  members,   430   (8); 
at  least  one  member  of,  to  countersign 
governmental  edicts  of  the  Prince, 
429  (5);  constitutional  responsibility 
of  members  of,  429  (5);  seat  of,  430 
,(13);    State    Government,    429    (7); 
substitute  of  the  Prince  in  his  govern- 
mental functions,  430  (14);  see  also 
Treaty  with  Prussia  anent  the  admin- 
istration of  Waldeck  and  Pyrmont, 
429n,  442-446. 
Taxes:  General    provisions   as    to    tax 
legislation,  429  (7),  434  (46) ;  lien  upon 
the  soil,  433  (36);  new  taxes,  438  (85); 
no  preference  to  any  particular  class 
of  property,  438  (83);  on  special  kinds 
,  of  property  reserved  for  legislation, 
438  (83);  personal  members  of  Prince- 
ly House  and  the  comital  line  free 
from,  438  (83);  remission  of,  430  (12). 
Teachers,  public-school,  434  (44). 
Territory,  429  (1-2);  alienation  of,  429 
(2);  boundary  adjustment  of,  429  (2). 
Treaty  and  Final  Protocol  of  2  March 
1887,  with  Prussia,  for  the  continued 
administration  of  the  Principalities 
of  Waldeck  and  Pyrmont  by  Prussia, 
429n,  442-446. 
Treaties,  430  (11). 
Waldeck  and  Pyrmont,  Princelv  House 

of,  91. 
Waldeck  and  Pyrmont,  Principalities  of, 

see  Waldeck  and  Pyrmont. 
Waldeck,   Principality  of,  434   (46,  47); 
number  of   deputies    in   the  Joint 
Diet,  435,  (49). 
War,  45  (63),  77  (20),  229  (48),  236  (111), 

359  (131). 
War,  introduces  an  exceptional  condition 

into  the  Constitution,  440  (96). 
Wards,  345  (27),  346  (39). 
Wechselverfahren,  249  (65). 
Wenger,  Aloysius,  411n. 
Widows'  pensions,  150  (49). 
Wismar,  187,  188. 

Wolfenbuttel,  Library  at,  122  (222). 
Wttrttemberg,  5,  6,  8  (1),  11  (8),  15(35), 
16  (38),  20  (52). 
Administrator  of  the  Realm,  449  (14, 

15). 
Agriculture:  Representation   in   First 
Branch  of  Provincial  Diet,  460  (129); 
representatives  in  Provincial  Diet, 
462  (1326),  464  (144a),  464  (151). 


W'iirttemberg — Continued . 

Arms,  right  to  carry,  (450  (23). 

Budget,  see  Finance, 

Catholic  Church,  454  (70),  455  (78-82), 
460  (129),  461  (132a). 

Chamber  of  Deputies:  Composition  of, 
462  (133);  election  of  deputies,  462 
(133-133a),,463  (142a,  144),  464  (146), 
465  (155),  465  (157);  eligibility  of 
deputies,  462  (134),  463  (135),  464 
(146-147,  151);  officers,  467  (164); 
quorum,  466  (160-161). 

Chancery,  472  (193). 

Christian  denominations,  nee  Religion. 

Churches  and  Schools,  Ministry  of,  453 
(56). 

Citizens:  Civic  obligations,  450  (21); 
civic  rights,  450  (21),  451  (27);  con- 
sideration for  citizens  in  territory  to 
be  alienated,  447  (2);  deprivation  of 
civic  rights,  463  (142);  election  privi- 
lege, 463  (135);  equality  before  the 
law,  450  (22,  24),  451  (26,  27);  exclu- 
sive rights,  patents,  and  privileges. 
451  (31);  freedom  of  personal  action 
within  the  law,  450  (24-25),  451  (27, 
28,  29,  30,  32);  legal  obligations,  450 
(20);  military  obligations,  450  (23); 
obligation  of  belonging  to  a  city  or 
commune,  454  (62);  property  rights, 
447  (2),  451  (30,  32);  right  "^ of  com- 
plaint, 452  (36-38);  of  emigration, 
450   (24),   451    (32);  of  suffrage,   462 

.    (133a),  463  (135,  142,  143). 

Citizenship:  Acquisition,  retention  and 
loss,  450  (19),  451  (33),  452  (34-35). 

Commerce:  Exclusive  privilege  for,  451 
(31);  representation  in  First  Branch 
of  Provincial  Diet,  460  (129);  repre- 
sentatives of  in  Provincial  Diet,  462 
(132),  464  (144a),  (151). 

Commutation  of  sentence,  457  (97). 

Condemnation  of  property,  451  (30). 

Conscience,  freedom  of,  450  (24). 

Constitution:  Amendments  and  annul- 
ments, 449  (15);  applicable  to  whole 
Kingdom,  447  (1-2);  complaints  as 
to  unconstitutional  acts  may  be  pre- 
sented by  Provincial  Diet,  460  (124); 
guarantees  equal  rights  and  imposes 
equal  obligations  on  all,  450  (21); 
pledges  and  oaths  of  observance,  448 
(10),  449  (14);  Provincial  Diet  to  ad- 
here to  principles  of  the  Constitution, 
460    (124);  provisions   regarding   or- 


INDEX, 


539 


Wiirttember^ — Continued . 

ganic  resolutions  of  the  Federal  As- 
sembly of  the  German  Confederation, 
448  (3);  special  State  Court  to  try  all 
endeavors  against  and  all  violations 
of  the  Constitution,  473-474. 

Corporation:  Civic  and  property  rights, 
451  (30). 

Counts,  seats  of  heads  of  families  of  in 
First  Chamber  of  Provincial  Diet,  460 
(129). 

Courts  of  law  procedure,  suspension  of, 
457  (97). 

Diet  Committee:  Composition  and  elec- 
tion of  members,  471  (190);  duration 
of,  472  (192);  functions  of,  466  (160), 
471  (187-189),  472  (191). 

Education,  456  (84),  freedom  of  citizens 
to  choice  of  education  at  home  or 
abroad,  451  (29);  Ministry  of  Churches 
and  Schools,  453  (56). 

Elections:  By  secret  ballot,  463  (142a); 
circuits,  cities,  and  districts,  462(133, 
133a);  circuits,  etc.,  463  (144),  464 
(144a);  of  deputies  to  the  Chamber  of 
Deputies,  462  (133-133a);  of  members 
of  the  First  Chamber  of  the  Provincial 
Diet,  461  (132),  462  (1326);  Provincial 
Diet  elections,  qualifications  and 
eligibility  of  candidates,  461  (132), 
462  (1326-133a),  463  (135,  144),  464 
(151). 

Ellwangen,  462  (133). 

Emigration:  Freedom  of,  450  (24),  451 
(32);  legal  requirements  ^,nd  effects, 
451  (32-33). 

Evangelical  Lutheran  Church,  454  (70), 
455  (75-77),  460  (129),  461  (132a). 

Executive  Committee  (of  the  Provin- 
cial Diet),  466  (159),  467  (164). 

Fatherland :  Emigrant  not  to  bear  arms 
against  for  one  year,  451  (33);  obliga- 
tions in  regard  to  defense  of,  450  (23); 
see  also  Kingdom. 

Federal  acts  of  the  German  Confedera- 
tion, 450  (23),  452  (42). 

Federal  Assembly  of  German  Confeder- 
ation :  Organic  resolutions  binding  on 
Kingdom,  448  (3). 

Feudal  tenures,  449  (15). 

Finance:  Budget,  458  (109)--45,9  (118), 
471  (188),  472  (193);  Debt  Redemp- 
tion Bureau,  472  (193),  477  (188); 
expenses  of  the  Provincial  Diet,  472 


Wiirttemberg — Continued. 

(194);  functions  of  the  Provincial 
Assembly  in  regard  to,  448  (3); 
Ministry  of  Finance,  453  (56),  459 
(117,  118,  121);  monthly  and  annual 
audits,  459  (121-123);  State  debts  and 
the  sinking  fund,  459  (119-120); 
property;  income,  and  expenditures 
of  the.  Royal  House  ,  457  (102)-458 
(109). 
First  Chamber:  Admission  of  members 
entitled  to  hereditary  seats,  462  (134); 
composition  of,  460  (129),  461  (130); 
elected  representatives  of,  464  (144a, 
151);  eligibility  of  members,  462 
(134),  463  (135);  election  of  repre- 
sentative members,  461  (132),  462 
(1326),   463  (142a,    144),   464  (144a), 

465  (155);  officers,  467  (164);  quorum, 

466  (160-161). 

Foreign  affairs.  Ministry  of,  453  (56). 

Freedom  of  citizens,  450  (24). 

German  citizenship:  Organic  resolu- 
tions of  the  Federal  Assembly  of  the 
German  Confederation  binding  on 
Kingdom,  448  (3). 

German  Confederation:  The  Kingdom 
a  part  of,  447,  448  (3);  Federal  acts  of, 

450  (23),  452  (42). 

Government:  Administrative  func- 
tions, see  State  administration;  execu- 
tive and  supreme  power  of,  448  (4), 
see  also  King;  grant  of   patent  rights, 

451  (31);  heads  of  administrative 
departments,  452  (43),  453  (51,  52, 
53),  see  also  Ministry;  relations  with 
the  Provincial  Diet,  460  (125);  seat, 
448  (6);  see  also  State  officials,  and 
Provincial  Diet. 

Heilbronn,  462  (133). 

Interior,  Ministry  of,  453  (56). 

Judicial  system:  Administration  of  jus- 
tice carried  out  in  behalf  of  and  under 
the  supervision  of  the  King,  456  (92); 
arrest,  conviction,  and  legal  penal- 
ties, 451  (26);  complaint  of  citizens 
against  a  State  official,  452  (36-38); 
independence  of  the  courts  of  law, 

456  (93)-457  (96);  judges,  453  (46); 
King's  power  of  pardon,  commuta- 
tion, and  suspension  of  court  pro- 
ceedings, 457  (97) ;  Ministry  of  Justice, 
453  (56);  no  confiscation  of  estates, 

457  (98);     representatives     of    the 


540 


INDEX. 


Wiirttemberg — Continued . 

judiciary  in  the  Provincial  Diet, 
460  (129).  462  (1326),  464  (144a,  151); 
special  State  Court  to  try  all  acts 
against  and  violations  of  the  Consti- 
tution, 473-474. 

King:  Appointees  of;  in  First  Chamber 

•  of  Provincial  Diet,  460  (129);  ap- 
pointive powers,  452  (43);  convening 
of  the  Provincial  Diet,  460  (127); 
delegates  commissioners  to  pass  upon 
credentials  of  members  of  the  Pro- 
vincial Diet,  466  (159);  functions  in 
religious  matters,  454  (72),  455  (79); 
his  announcement  necessary  to  make 
the  organic  resolutions  of  the  Federal 
Assembly  of  the  German  Confedera- 
tion binding  on  Kingdom,  448  (3); 
majority,  448  (9),  450  (17);  minority 
or  incapacity  to  reign,  and  the 
resultant  administration  of  the  Gov- 
ernment, 449  (11),  450  (17);  new 
territory  acquired  solely  in  the 
person  of  the  King  not  an  addition 
to  the  realm,  447  (2);  oath  of  allegi- 
ance to,  448  (10),  450  (20);  relations 
with  the  Provincial  Diet,  460  (125, 
126,  127);  Provincial  Diet  may 
present  complaints  to  him  as  to 
unconstitutional  acts,  460  (124); 
in  regard  to  abuses  and  deficiencies 
in  the  State  administration,  460  (124); 
religion,  448  (5);  455  (76);  sacredness 
and  inviolability  of  person,  448  (4); 
selection  and  appointment  to  the 
First  Chamber  of  representatives 
elected  from  the  fields  of  commerce, 
industry,  agriculture,  and  trades,  462 
(1326);  succession  to  the  throne,  448 
(7,  8);  supreme  executive  power, 
448  (4);  see  also  Royal  House,  and 
Provincial  Diet. 

Kingdom:  Alienation  of  territory,  447 
(2);  inseparable  entity  under  one 
Constitution,  447  (1-2);  relations  to 
German  Confederation,  448  (3);  new 
territory  to  be  integral  part,  447  (2); 
see  also  Fatherland. 

Knights:  Eligibility  to  membership  in 
First  Chamber,  464  (151);  representa- 
tion in  First  Chamber  of  Provincial 
Die.t,  460  (129);  rights  and  obligations 
of,  *452  (39-42). 


Wiirttemberg — Continued . 

Ludwigsburg,  462  (133). 

Military  affairs:  Exercise  of  the  State 
authority  in,  457  (99-101);  Ministry 
of  War,  453  (56);  right  to  carry  arms, 
450  (23);  service,  450  (23). 

Military  Agreement  of  21/25  Nov.  1870, 
450n. 

Military  Law,  Imperial,  of  2  May  1874, 
450n. 

Ministry :  Administrative  departments, 
453  (56);  articulation  with  Provincial 
Assembly,  452  (38),  460  (126);  elec- 
tion of  representatives  to  the  Pro- 
vincial Diet,  461  (132a);  functions  in 
temporary  administration  during  mi- 
nority or  governmental  incapacity  of 
King,  449  (13,  15,  16);  religious  affairs 

'   461  (132a);  see  also  Government. 

Ministry  of  State,  see  Ministry. 
Oath,  documentary,  of  King,  regent, 
or  administrator,  of  adherence  to 
the  Constitution,  448  (10). 

Oath  of  citizens,  450  (20);  oath  of  alle- 
giance to  the  King,  448  (10) ;  pledges 
to  observe  Constitution,  448  (10),  449 
(14). 

Paupers,  453  (142). 

Person,  freedom  of,  450  (24). 

Petition  and  complaint:  Procedure  in, 
452  (37-38);  right  of,  452  (36). 

Pledge  to  Constitution,  448  (10),  449 
(14),  453  (45),  466  (163). 

Poly  technical  High  School  (Stuttgart)^ 
460  (129). 

Press,  freedom  of,  451  (28). 

Princely  families:  Seats  of  heads  of  in 
First  Chamber  of  Provincial  Diet, 
460  (129). 

Property:  Condemnation  rights,  451 
(30);  confiscation  of  estates  annulled, 
457  (98);  of  citizens,  450  (24);  corpora- 
tions, 451  (30);  the  Church,  451  (30). 

Provincial  Assembly:  Activities  in 
complaints  brought  against  State 
officials,  452  (38);  articulation  with 
Ministry,  452  (38),  460  (126);  docu- 
mentary pledge  of  King,  regent,  oi 
administrator  of  adherence  to  the 
Constitution,  448  (10);  election  and 
tenure  of  office  of  deputies,  452  (39); 
must  consent  to  the  grant  of  exclusive 
privileges  for  commerce  and  trade, 


INDEX. 


541 


Wiirttemberg — Continued . 

451  (31);  obligations  to  pass  upon 
organic  resolutions  of  the  Federal 
Assembly  of  the  German  Confeder- 
ation in  view  of  the  financial  obli- 
gations these  entail,  448  (3). 

Provincial  Diet:  Composition,  460 
(328);  expenses  and  salaries,  472 
(194);  functions,  general,  460  (124); 
in  regard  to  taxation  and  the  budget, 
458  (109)-459  (123);  procedure  and 
order  of  business,  460  (125-126),  465 
(156),  466  (162-163),  467  (164a)-470 
(183) ;  relation  with  the  King  and  the 
Government  administration,  460 
(124-127,  129),  461  (130,  132,  1326, 
134),  466  (159,  160,  163),  467  (164), 
468  (168,  169,  170,  172-173),  469  (178), 
470  (182-183,  186),  472  (193,  194); 
sessions,  460  (127),  466  (159),  467 
(167),  470  (186);  strict  adherence  to 
the  principles  of  the  Constitution, 
460  (124); 

Members:  Credentials,  465  (154), 
466  (159);  elections  and  qualifica- 
tions, 461  (132),  462  (1326-134),  463 
(135,  142a,  144),  464  (151),  465  (155, 
157);  immunity  from  arrest  and  prose- 
cution, 470  (184-185);  oath  to  uphold 
and  observe  the  Constitution,  466 
(163);  salaries  and  allowances,  472 
(194);  tenure  of  office,  465  (158); 

Committees:  Assembly  Committee, 
466  (159);  Debt  Redemption  Bureau, 
477  (188),  472  (193);  Executive  Com- 
mittee, 467  (164); 

See  also  First  Chamber,  and  Cham- 
ber of  Deputies  (Second  Chamber). 

Reformed  congregations,  454  (70),  456 
(83). 

Religion:  Articulation  of  Church  and 
State  in  State  or  civic  affairs,  454 
(72,  73);  Catholic  Church,  454  (70), 
455  (78-82),  460  (129),  461  (132a); 
Church  employees,  464 ;  Church  prop- 
erty, 451  (30);  Evangelical  Lutheran 
Church,  454  (70),  455  (75-77),  460 
(129),  461  (132a);  freedom  of  con- 
science, 450  (24),  451  (27);  Ministry 
and  election  of  ecclesiastical  repre- 
sentatives to  Provincial  Diet,  461 
(132a);  Ministry  of  Churches  and 
Schools,  453  (56);  of  the  King,  448 


Wiirttemberg — Continued. 

(5);  Reformed  congregations,  454  (70), 

456  (83);  rights  and  privileges  of  the 

existing     Christian     denominations, 

454  (70). 
Residence  in  Kingdom,  a  requirement 

for  candidate  to  election  as  a  deputy, 

463  (135). 
Reutlingen,  462  (133). 
Roman  Catholic  Church,  see  Catholic 

Church. 

Royal  House:  House  laws,  462  (134); 
relations  of  members  to  King  gov- 
erned by  House  Law,  450  (18);  seats 
of  princes  of,  in  First  Chamber  of 
Provincial  Diet,  460  (129);  property, 
income,  and  expenditures,  457  (102)- 
458  (109). 

Second  Chamber  of  Provincial  Diet, 
see  Chamber  of  Deputies. 

Serfdom,  abolished,  450  (25). 

State  administration,  453  (51);  abuses 
and  deficiencies  in,  460  (124);  artic- 
ulation with  Provincial  Diet,  460 
(124);  responsibilities  of  officials,  453 
(51,  53). 

State  employees:  Their  eligibility  as 
deputies,  464  (146) ;  pledge  to  observe 
Constitution,  453  (45);  responsibility 
for  their  official  acts,  453  (51,  53); 
support  of  those  incapacitated  by 
sickness  or  age,  453  (50). 

State  Ministry,  see  Ministry. 

State  officials:  Appointment,  452  (43); 
special  prerogatives  of  judges,  453 
(46);  responsibility  for  their  official 
acts,  453  (51,  53). 

State  positions:  Examinations  for,  453 
(44). 

Stuttgart,  460  (129),  461  (132),  462  (133), 
463  (144),  471  (190). 

Succession  to  the  throne,  see  King. 

Suffrage,  exercise  of,  463  (143);  right  to 
exercise,  462  (133a),  463  (135,  142). 

Tax:  Legislaticn,  458  (109)-459  (188), 
460  (124);  on  property,  447  (2). 

Territory:  Alienation  of,  447  (2);  new 
acquisitions,  447  (2). 

Thought,  freedom  of,  450  (24). 

Trade:  Exclusive  privilege  for,  451  (31) ; 
freedom  of,  451  (29);  representatives 
in  Provincial  Diet,  462  (1326). 


542 


INDEX. 


Wiirttemberg — Continued. 

Trades :  Representation  in  First  Branch 
of  Provincial  Diet,  460  (129);  repre- 
sentatives in  Provincial  Diet,  464 
(144a,  151). 

Tubingen,  460  (129),  462  (133). 

Ulm,  462  (133). 

Union  with  Empire,  476  (1), 

Unity  of  Kingdom  under  one  Constitu- 
tion, 447  (1-2). 


Wiirttemberg — Continued . 

University,   State  (at  Tubingen),  456 

(84),  460  (129),  461  (132a). 
Zachariae  (cited),  209n. 
Zentral-Armendeputation,  178  (51). 
Zeulenroda,  city  of,  246  (53). 
Zeydel,   E.   H.   (editor  and  translator), 

158n. 
Zeydel,  G.  C.  (translator),  302n,  447n.  3-i.: 


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